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Question ID : 42277


The assessee entered into an agreement for sale of his residential house in Jan 2021. The buyer deducted the TDS and issued cheques but did not give the same to the assessee. The assessee expired in May 2021 due to COVID. As the sale deed was not executed upto 31.03.2021 TDS deducted was carried forward. The sale deed was executed by the legal heirs of the assessee and they received their share of consideration reduced by respective TDS.. How can they claim the TDS deducted by buyer in March 2021 in the name of their father.

Posted by CA SUDHIR KUMAR JAIN on May 10, 2022

Filed Under Capital Gains

Answer ID : 81506

The legal heir shall file the Income Tax Return for his/her parents and the estate of the deceased is liable for payment of tax if some additional liability comes even after adjusting the TDS etc. If not then the legal heir is supposed to get the refund of the same. Before the filing the ITR the legal heir must obtain the succession certificate from the appropriate authority of the state.

Posted by CA. JHA SHANKAR KUMAR on May 22, 2022