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Non-filing of it return after death

AMIT (Na) (28 Points)

09 July 2016

My father passed away in FY 2013-2014. For FY 2013-2014 he had an income from salary [TDS deducted at %30] and FD interest [TDS deducted at %10] ).

I was not aware that he had earned taxable income for that Financial year and i realized only after getting letter/notice in his name recently from IT dept for Non-filing of IT return . What should i do ?

Can i file belated returns in his name , even though last date for belated returns for FY 2013-14 and AY 2014-15 was 31-3-2016 ? Thanks.

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13 Replies

darshan.s.darji (student) (74 Points)
Replied 09 July 2016

as per IT act only past 2 years returns can be filed...AY 2015-16 & AY 2016-17

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AMIT (Na) (28 Points)
Replied 09 July 2016

Can you suggest what would be the appropriate response to the "Non-filing of Tax return" letter/notice received ?

If i cannot file belated return for FY 2013-14 , what other option is available ?

jalpa mistry (Student CA Final ) (46 Points)
Replied 09 July 2016

DARSHAN S DARJI pls mention the section of IT act

Purushottam Lal Garg (Senior Accounts Executive at Chanson Motors Pvt. Ltd.) (83 Points)
Replied 09 July 2016

belated return cannot be filled. You should file compliances of non filing of return and you have also genuine issue.

darshan.s.darji (student) (74 Points)
Replied 09 July 2016

in some cases it is possible to to give online justification for the notice received...notice it self contains the way from where u can submit your reason for non filing of return

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jalpa mistry (Student CA Final ) (46 Points)
Replied 09 July 2016

Go to efiling portal login→compliance→response in respect of non filing. as a legal heir

Purushottam Lal Garg (Senior Accounts Executive at Chanson Motors Pvt. Ltd.) (83 Points)
Replied 09 July 2016

As per section 139(4), last date of belated return is 31.03.2016. And if you received notice u/s 142(1)(i), return can also file within period mentioned in it. And for compliances, you can give actual reasons mentioned by you above.

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AMIT (Na) (28 Points)
Replied 09 July 2016

Originally posted by : Purushottam Lal Garg
	As per section 139(4), last date of belated return is 31.03.2016. And if you received notice u/s 142(1)(i), return can also file within period mentioned in it. And for compliances, you can give actual reasons mentioned by you above.

After submitting reason for non-filing of return in the compliance link of the ePortal ,

How can i pay the pending taxes for FY 2013-14 as a legal heir , since only 10% TDS on interest income was deducted for my father and he was in the 30% slab ?

Purushottam Lal Garg (Senior Accounts Executive at Chanson Motors Pvt. Ltd.) (83 Points)
Replied 09 July 2016

You can pay tax on your father's pan no. for fy 13-14. And for penalty & interest, you can apply to commissioner for waive off these.

Mitesh Chheda (Practise) (31 Points)
Replied 12 July 2016

Dear Mr.Amit

Dont pay the penalty at the time of filing the return. Because if officer wants to levy he may issue the notice in that context and at that time you reply him for dropping the penalty proceedings.

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Padmanabhan Gopathy (Chareterd Accountant) (29 Points)
Replied 12 July 2016

Now that you received notices from the ITD, you should file the returns quoting the section 142 for both the years.

AMIT (Na) (28 Points)
Replied 13 July 2016

Originally posted by : Padmanabhan Gopathy
	Now that you received notices from the ITD, you should file the returns quoting the section 142 for both the years.

I received compliance letter from IT dept addressed to my late father regarding non-filing of IT return , asking the assessee to furnish response in the compliance module of the e-filing portal. I don't know if this is considered IT notice .

I have responded in the compliance module of the e-filing portal stating that assessee is no more.

Is it possible to file belated returns now for FY 2013-2014 even though last date for belated returns was 31 March 2016 ?