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Digital signature of person who has died

Ajay Rajai (Tax Advocate (Consultant) I.T and Documentation of Properties) (705 Points)

17 September 2011

Dear Members,

Please guide me on the following issue.

Mr. A is the proprietor of M/S XYZ. The firm XYZ is covered under audit. Mr A died on 15th May 2011. Now the return of Mr. A is to filed with Digital Signature.

The legal heir of Mr. A is his wife Mrs. B .

Now the return of Mr. A will be filed using login ID of Mr. A by Mrs. B as his representative. Since Mr. A has died the digital signature of Mrs. B shall be used for filing

Problem : As return is to be filed using the Login ID of Mr. A, the digital signature of Mrs. B cannot be registered and therefore Mrs. B is unable to file the return

Please advise me the solution to this problem

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8 Replies

CA ADITYA SHARMA (CA IN PRACTICE ) (16719 Points)
Replied 17 September 2011

legal hier will file the return

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CA.B.Sivakumar (-) (162 Points)
Replied 17 September 2011

yes, legal heir can file the return. If wrong please correct me.

Prakash (Chartered Accountant) (560 Points)
Replied 17 September 2011

Technically you have no option available, I just verified it, though that fellow mentioned Enter PAN of authorised Person, not provided option to Edit the Pre Filled Option (Assessee PAN).

As the problem is with the Department, I hope you can approach concerned ITO of his circle, Explain the situation, he will accept the Return for sure and update the records too, as they have access to Computerized records too.

One more mail your case to CPC (Centralized Processing Centre), they may change the restrictions regarding DSC Registration, will be helpful to others

Ajay Rajai (Tax Advocate (Consultant) I.T and Documentation of Properties) (705 Points)
Replied 18 September 2011

Hi, @ aditya(ca learner) and CA B.Shivkumar - I think u have not understood the question properly. I

know that the legal heir can file return. But it is manual return. The question is of Digital signature. Mr.

A is registered on incometaxindiaefiling with his PAN. And his legal heir Mrs. B will get the Digital

signature with her PAN number as representative or legal heir of Mr A. As and when Mrs. B will upload

digital signature on being representative A, the computer will not accept because Mrs. B's PAN

number is different from Mr. A.

And @ Prakash - has already verified

Originally posted by : Prakash
	Technically you have no option available, I just verified it, though that fellow mentioned Enter PAN of authorised Person, not provided option to Edit the Pre Filled Option (Assessee PAN). As the problem is with the Department, I hope you can approach concerned ITO of his circle, Explain the situation, he will accept the Return for sure and update the records too, as they have access to Computerized records too. One more mail your case to CPC (Centralized Processing Centre), they may change the restrictions regarding DSC Registration, will be helpful to others

Prakash (Chartered Accountant) (560 Points)
Replied 18 September 2011

Yeah I got you have already verifed.

I said, as the problem is with the Department, you can approach concerned ITO of his circle, Explain the situation, he will accept the Return for sure in paper mode, Even though the return has to be filed online

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Prakash (Chartered Accountant) (560 Points)
Replied 02 October 2011

This is regarding cases where the assessee has expired but a return has to be filed by LH using his DSC. Following process is suggested in above regard :

1. The legal heir (LR) has to get a DSC in his own name.

2. LH is required to make a request by sending a mail to efiling.administrator @ incometaxindia.gov.in /efiling @ incometaxindia.gov.in mentioning the name, PAN,Date-of-Birth of deceased as well as that of the LH along with scanned attachment of the death certificate of the deceased.

3. On receipt of above, LH would be enabled to file the return of deceased using LH’s DSC.

Ajay Rajai (Tax Advocate (Consultant) I.T and Documentation of Properties) (705 Points)
Replied 02 October 2011

@ Prakash........... I have already seen the above instruction of efiling website 5-6 days back before your reply...........But well i appreciate and thank u for your reply.

However I have already sent request by sending a mail to efiling.administrator @ incometaxindia.gov.in /efiling @ incometaxindia.gov.in mentioning the name, PAN,Date-of-Birth of deceased as well as that of the LH along with scanned attachment of the death certificate of the deceased. but till today no reply has been given by them. so what to do in that case ? Without their reply we cannot e-file return.

CA Vanamala Phani Kumar (Proprietor of M/s Vanamala and Co) (972 Points)
Replied 29 November 2011

IMPORMATION FROM www.incometaxindiaefiling.gov.in

Filing of e-return by Legal Heir (LH) using DSC: Revised Process

This is regarding cases where the assessee has expired but a return has to be filed by LH using his DSC. Following process is suggested in above regard :

The legal heir (LR) has to get a DSC in his own name.
LH is required to make a request by sending a mail toask @ incometaxindia.gov.in mentioning the name, PAN,Date-of-Birth of deceased as well as that of the LH along with scanned attachment of the death certificate of the deceased.
On receipt of above, LH would be enabled to file the return of deceased using LH’s DSC.