Deductions under 80c for Deceased Assessee

 

hello forum people

The legal heir shall be eligible for the income tax slab, deductions and rebate that the deceased would have been granted under Income tax “.

Can you please tell me as my father expired on August 2022 he has pension income . So can I purchase 80 c ELSS now as legal heir on his behalf as i am going to file his returns for income till his death.

Thank You

Replies (3)
Quick Summary
This discussion explores whether a legal heir can claim Income Tax deductions under Section 80C for a deceased assessee. While generally not permitted to make new investments like ELSS after death, the discussion highlights that legal heirs step into the deceased's shoes for tax purposes. Case law, particularly concerning Section 54EC bonds, suggests that certain benefits might be claimable if the conditions were met or could be fulfilled by the legal representative.

No you can't do so.

But madam in case of 54EC bonds high court allowed it for legal heir.

Kindly please see this madam.

After the death of the assessee, legal heir enters into the shoes of the assessee for all taxation purpose. Legal representative cannot be differentiated from the assessee for this purpose. If the assessee were liable to pay capital gains tax, the benefit of section 54 which forms part of the scheme of taxation of capital gains then legal heir cannot be denied because the latter condition of section 54 was fulfilled by his legal representative. Refer Madras High Court in C.V. Ramanathan v. CIT [125 ITR 191] and Andhra Pradesh High Court  in Late Mir Gulam Ali Khan v. CIT [165 ITR 228],

You can claim if you have judgement in support of your claim

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