dear all, my client(individual) is in india(from he was born) till 31st march 09.he died on 15th may 2009, and i want to file return for the financial year 09-10.whats his residential status?
5 Replies
Manoj BG
(Tax Professional and in Service)
(1795 Points)
Replied 06 August 2010
DEAR HIMANSHU,
RESIDENTIAL STATUS OF DIED ASSESSEE WOULD BE DEPEND UPON THE RESIDENTIAL STATUS OF HIS/HER LEGAL REPRESENTATIVE. THIS HAS BEEN CLARIFIED WITH THE HELP OF SEC 159 OF THE INCOME TAX ACT. AS PER SEC 159(3), LEGAL REPRESENTATIVE SHALL, FOR THE PURPOSE OF THE ACT, IS DEEMED TO BE ASSESSEE UNDER THE INCOME TAX ACT.
THUS NO. OF DAYS, LEGAL REPRESENTATIVE IN INDIA AFTER THE DEALTH OF ASSESSEE IS RELEVANT FOR DETERMINING THE RESIDENTIAL STATUS OF DIED ASSESSEE.
HOPE THIS SOLVES U'R QUERY...
REGARDS,
MANOJ
himanshu
(ca)
(104 Points)
Replied 07 August 2010
As per sec 159 of i.tax,status of deceased is deemed to be status of legal representative and not the other way for filing return of income tax
CA Hemant Kumar
(CA, LLB (p), B.Com)
(204 Points)
Replied 07 August 2010
He will be a Resident and Ordinary resident if he has never gone to foreign.
And if he has gone then verify the other conditions for being NOT ORDINARY RESIDENT
but he is surely a resident.
himanshu
(ca)
(104 Points)
Replied 09 August 2010
to hemant - for resident thr is basic condition which is not satisfying here.so how it can be R & OR.
Manoj BG
(Tax Professional and in Service)
(1795 Points)
Replied 09 August 2010
HI Himanshu,
It is nowhere provided under the Sec 159 that the status of deceased is deemed to be the status of legal representative. Although it is clearly specified that EGAL REPRESENTATIVE SHALL, FOR THE PURPOSE OF THE ACT, IS DEEMED TO BE ASSESSEE UNDER THE INCOME TAX ACT. THUS FOR ALL THE PURPOSE OF THE ACT AND ALL SECTIONS AND PROVISIONS OF THE ACT WOULD APPLY TO THE LEGAL REPRESENTATIVE AS IF THE INCOME ACCRUES NOT TO THE DECEASED PERSON BUT TO THE LEGAL REPRESENTATIVE. 100% SURE ON THIS ISSUE..
I AM ATTACHING HEREWITH BARE SECTION 159 FOR YOUR PERUSAL.
REGARDS,
MANOJ
Attached File : 8 chapter xv section 159 legal representative.doc downloaded: 185 times
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