Mohan (Audit Assisstant & Accounts Manager) (489 Points)
01 November 2011
On death of assessee, whether his/her ROI for the period from date of death till 31 March is required to be filed under status Individual or AOP? If AOP then whether new PAN needs to be applied or changing status of existing PAN would do? As per my understanding on death of assessee his/her status as individual
ceases to exist and ROI needs to be filed as AOP. Please advise.
Rahul Chobdar
(Chartered Accountant (Financial Management))
(561 Points)
Replied 01 November 2011
The status will continue to be of an Individual and not AOP.
Mohan
(Audit Assisstant & Accounts Manager)
(489 Points)
Replied 01 November 2011
In that case, can two returns be e-filed, one till the death of assessee and second from the death of assessee till 31 March? There is no facility to do so if to e-file the return. Isn't it a clear indication that ROI for the period from the date of death till 31 March is to be filed under status AOP (of course by changing the status of PAN or obtaining new PAN) and not Individual?
N.J.R
(Practice)
(346 Points)
Replied 02 November 2011
ROI to be filed in the name of Deceased Assessee signed by his/her legal heir.
Thereafter, if thorugh any WILL, ESTATE of deceased is created & has to be discharged as per the WILL, then new entity should be created. i.e. ESTATE should apply for PAN under AOP/BOI & file ESTATE's ROI instead of deceased Individual.
Mohan
(Audit Assisstant & Accounts Manager)
(489 Points)
Replied 02 November 2011
What if no such 'Estate' is created and ROI is to be physically filed / e-filed? Basically, if no such Estate is created then is there any requirement of filing such two difference ROI? Won't one single return for the whole year (as usual) do? What Act says or what is the practice, for that matter?
Thanks for the replies received and Thanks in advance for all replies that I would receive in this regard.
N.J.R
(Practice)
(346 Points)
Replied 03 November 2011
ROI to be filed in the name of Deceased Assessee signed by his/her legal heir.
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