How can a legal hier can claim refund for tax deducted?

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Querist : Anonymous

Querist : Anonymous (Querist)

12 July 2017 My friend receive gratuity and leave encashment on death of his father. But the employer has deducted tax on the same. How can i claim the refund for the same from the employer as per Circular No. 573 dated 21.08.90. May please advise. My friend had register himself on online portal of efiling income tax as legal hier for the same.

Amol S Joglekar

Amol S Joglekar (Expert)
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12 July 2017 now he can file the return of his father in representative capacity and get the refund.

Querist : Anonymous

Querist : Anonymous (Querist)

12 July 2017 That i know sir, thats why he has register himself as legal hier on online portal of incometax. But my question is how can he claim the same. Which form should he have to file, and under which section he can claim the refund of the same, as the same has been already deducted by employer.

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Amol S Joglekar

Amol S Joglekar (Expert)
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13 July 2017 I think you are getting confused by yourself...... Anyway.....see it goes like this....
prepare the computation of income of Late FATHER. File ITR 2. Click yes under"Whether the return is filed in representative capacity?" box. Also fill the name, address and PAN of representative.
Give the details of your bank account where it is asked....."Give the details of bank account where refund is to be credited."
Tell me what else you need?

Querist : Anonymous

Querist : Anonymous (Querist)

13 July 2017 Sir, he had filled all the columns, but it didnt showing any refund, the how can he claim the full refund of Rs. 53000 deducted as TDS against the gratuity payable. Under which section he can claim the same in online form ITR-1

Amol S Joglekar

Amol S Joglekar (Expert)
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13 July 2017 ITR1 does NOT have the option of "representative capacity"....so please go for ITR 2.
Where are you showing the gratuity? under EI (Exempt Income) or else where.
Also let me know, what is the total income of Late father?

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Querist : Anonymous

Querist : Anonymous (Querist)

13 July 2017 Total Income(including gratuity & leave encashment) after deduction of Rs. 1,50,000 is Rs. 10,57,530 and TDS as per Form 16 is Rs. 146399, of which Rs. 53000 is deducted against the gratuity paid.
Please guide me how to file ITR 2.

Amol S Joglekar

Amol S Joglekar (Expert)
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13 July 2017 Out of 10,57,530, how much is exempt gratuity and exempt leave encashment?

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Querist : Anonymous

Querist : Anonymous (Querist)

13 July 2017 Total Gratuity: 1449946 (Exempted 10 lacs & taxable 449946)
Total Leave Encashment: 148571 (Exempted 141778, & taxable 6793)
Taxable salary Before Final Settlement: 600370
Please Advise.

Amol S Joglekar

Amol S Joglekar (Expert)
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13 July 2017 That is fine.
Use ITR 2.
Start filling sheet by sheet.
most of them would be inapplicable in your case...
Under salary fill the amount of 600370

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Querist : Anonymous

Querist : Anonymous (Querist)

13 July 2017 Ok sir, will do the same,and will ask again if got stuck anywhere.
Thank you so much sir.
Highly appreciated your kind help.

Amol S Joglekar

Amol S Joglekar (Expert)
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13 July 2017 do wrote back for any query....you are always welcome....
Do give the bank details of representative where it is asked in ITR2..."bank account where refund shall be credited"

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Querist : Anonymous

Querist : Anonymous (Querist)

13 July 2017 Sir under Aadhar No. Column, of whom should i mention, the aadhar detail of deceased or the representative, and under the declaration column where its need to be signed, of whom name is to be mentioned, the deceased name or the representative..??
I have mention the account details of the representative under the Bank details column.
Please advise.

Querist : Anonymous

Querist : Anonymous (Querist)

13 July 2017 I have filled these sheets in ITR 2, "Part-A General, Part-B-TTI, TDS, Salary, CYLA-BFLA, VIA, EI", any more details/sheet to be filled..?

Amol S Joglekar

Amol S Joglekar (Expert)
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13 July 2017 No. Each sheet is getting validated?
if yes, click on calculate tax. Then the refund amount will be shown in TTI sheet

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Querist : Anonymous

Querist : Anonymous (Querist)

14 July 2017 Sir under Aadhar No. Column, of whom should i mention, the aadhar detail of deceased or the representative, and under the declaration column where its need to be signed, of whom name is to be mentioned, the deceased name or the representative..?? I have mention the account details of the representative under the Bank details column. Please advise.

and yes all sheet is validated and refund calculated.

Querist : Anonymous

Querist : Anonymous (Querist)

Amol S Joglekar

Amol S Joglekar (Expert)
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14 July 2017 01. aadhar..i am also not aware... but mostly it should be of deceased.
02. verification, you have to enter representative details.

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Querist : Anonymous

Querist : Anonymous (Querist)

16 July 2017 Sir,
I had a query, may please help me in this regard.
In the last financial year 2016-17(AY 2017-18)
I owned a house in Bangalore for which i have had taken a home loan, but as my office is way to far (about 3hr of journey one way), i take a rented accommodation nearby my office in Bangalore itself for the whole year. And i put my owned house on rent.

Can i claim HRA, HRA exemption & Interest on House owned.?

Please let me know about this.

Awaiting for kind and early response.

Amol S Joglekar

Amol S Joglekar (Expert)
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16 July 2017 yes, you can do so.....