When assessee (Senior Citizen) who is dealt with cement dealership business required to Audit u/s 44AB, expired during the middle of the year and his son continues the same business with same TIN number, and same name.
Example :
Late. Senior Citizen (Expired on Date 15-09-08) Turnover up to that Date : 44,00,000/-
Continued by his Son with Same TIN No. Turnover 37,00,000/- (From 16-09-08 to 31-03-2009)
For the purpose of Audit u/s 44AB books of both assesses to be clubbed?
12 September 2009
Present case the son is assessed as Legal representativeof deseased father.He is a deemed assesse. Since sec 44AB starts with "Every PERSON" and not about every assesse,opinion is for the purpose of audit under this section turover of both should not be added. But In the name of father audit needs and not for his son.(not sonsidered about presumptive). So for the business of father audit requires and for son not provided sec 44AD/AE/AF complied with. Son is only a legal representative for asst of father's tax liability.
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