Assesse had filed her Return for AY 2021-22 on 18th Oct 21 and a demand of Rs 39093/- was raised
This demand of Rs 39093 was due to Tax Credit not given for the amount of TDS reflecting in her deceased Mothers PAN for which she is a legal heir
As her mother passed away on 22.02.2020 (FY 2019-20)
For the FY 20-21 (AY 2021-22) the Income received on her deceased Mothers PAN was filed by the Assessee by Including the Income and TDS thereupon in her IT Return. The TDS column were filled quoting as TDS on other PAN and claiming in her hands
We have filed the rectification twice but the system does not considers the TDS reflecting in her mother PAN
It is seen from CPC portal for the AY 2021-22
taxpayer has filed the rectification return and same has been processed on 28/03/2022 determining a demand of Rs.39,093/-
taxpayer has claimed the TDS credit of Rs.27,560/- for other person PAN no
and was not allowed due to taxpayer has not filed the return for other person PAN no (Decceased Mother)
the taxpayer is requested to file the return for others PAN and fill Scedule SPI in assesse self return and requested to validate the same with 26AS and file an online rectification with the correct details
my query is how to file the return for the deceased PAN and what income to show
The Income for deceased PAN has already been included in Legal Heir's Return.
The time limit to file an ITR for the relevant F.Y
An updated ITR can be filed by the legal heir subject to some conditions
you have done a mistake in the filing of the ITR of legal heirs due to which the tax credit has not been allowed
Obtain the paid consultancy of any tax professional to resolve the demand
kindly mail me at casoravgupta @ gmail.com
you can file the income tax return for your deceased mother's PAN
You should show the income earned by your mother from 1st April 2020 to the date of her demise in the income tax return
The income will be added to the income of the legal heir (i.e.
You should also include the TDS deducted by the payer for the income earned by your mother in the income tax return
you have already claimed the TDS credit of Rs
27,560/- in your own return for the AY 2021-22
as the TDS was deducted on your deceased mother's PAN
the tax department requires you to file a separate return for your mother's PAN and then link it to your own return
To file a return for a deceased person's PAN
Register on the income tax e-filing portal with your own PAN
go to the "My Account" tab and click on "Add New Request."
select "New Request" and then select "Request Type" as "New Return."
Select the assessment year for which you want to file the return
In the "Return Filing Type" section
select "Original" and in the "Filing Section" section
In the "Reason for Filing" section
Fill in the personal details of the deceased person
Enter the income earned by the deceased person and the TDS deducted on their PAN
submit it online and generate an acknowledgement
After filing the return for the deceased person's PAN
link it with your own return by filing an online rectification request with the correct details
It is advisable to consult a qualified tax professional for filing the return for the deceased person's PAN and to ensure that all legal requirements are met
To Read more about TDS. For more detailed information, visit Swipe Blogs
Swipe Website Link: Swipe
view more »
India's largest network for finance professionals
Notwithstanding anything to the contrary contained in sections 28 to 41 and sections 43 and 43A
engaged in the business of providing services or facilities in connection with
or supplying plant and machinery on hire used
in the prospecting for ,or extraction or production of
a sum equal to ten percent of the aggregate of the amounts specified shall be deemed to be the profits and gains of such business chargeable to tax under the head "profits and gains of business or profession"
No change in the Assessment Year 2022-2023
No change in the Assessment Year 2023-2024
Notwithstanding anything to the contrary contained in sections 28 to 43C
in the case of an eligible assesse engaged in an eligible business
a sum equal to eight percent of the total turnover or gross receipts of the asessee in the previous year on account of such business or
a sum higher than the aforesaid sum claimed to have been earned by the eligible assesse
shall be deemed to be the profits and gains of such business chargeable to tax under the head "Profits and gains of business or Profession ":
Notwithstanding anything contained in section 28 to 43 C
who is engaged in a profession referred to in sub-section (1) of section 44 AA and whose total gross receipts do not exceed fifty lakh rupees in a previous year
a sum equal to fifty per cent of the total gross receipts of the assesse in the previous year on account of such profession shall be deemed to be the profits and gains of such profession chargeable to tax under the head "Profits and gains of business or profession "
The scheme applies to a person owning not more than 10 goods carriages at any time during the previous year
In this case Income is estimated in the following manner
Notwithstanding anything to the contrary contained in sections 28 to 43 A
engaged in the business of operation of ships
a sum equal to seven and a half percent of the aggregate of the amounts specified shall be deemed to be the profits and gains of such business chargeable to tax under the head "Profits and gains of business or profession "
(1) Notwithstanding anything to the contrary contained in sections 28 to 43 A
engaged in the business of operation of aircraft
a sum equal to five percent of the aggregate of the amounts specified in sub-section (2) shall be deemed to be the profits and gains of such business chargeable to tax under the head "Profits and gains of business or profession "
(2) The amounts referred to in sub-section (1) shall be the following
a.the amount paid or payable to the assesse or to any person on his behalf on account of the carriage of passengers
mail or goods from any place in India; and
b.the amount received or deemed to be received in India by or on behalf of the assesse on account of the carriage of passengers
mail or goods from any place outside India
The income by way of royalty or fees for technical services received from Government or an Indian concern in pursuance of an agreement made by a non-resident (not being a company) or a foreign company with Government or the Indian concern after the 31st day of March 2003
where such non-resident ( not being a company ) or a foreign company carries on business in India through a permanent establishment situated therein
or performs professional services from a fixed place of profession situated therein
property or contract in respect of which the royalties or fees for technical services are paid is effectively connected with such permanent establishment or fixed place of profession ,as the case may be
shall be computed under the head " Profits and gains of business or profession " in accordance with the provisions of this act
Every non-resident (not being a company ) or a foreign company shall keep and maintain books of account and other documents in accordance with the provisions contained in section 44 AA and get his accounts audited by an accountant as defined in the Explanation below sub-section (2) of section 288 before the specified date referred to in section 44 AB and furnish by that date the report of such audit in the prescribed form
You can also submit your article by sending to article@caclubindia.com
Agricultural income estimated by assesse has to be accepted by Income Tax in absence of contrary evidence: ITAT
The Income Tax Appellate Tribunal Bench in the matter of Anupama Chandrakandath vs ACIT has affirmed that the agricultural income estimated and offered by the assesse has to be accepted by Income Tax in the absence of any evidence to the contrary
The ITAT observed that the estimated agricultural income was disputed by the revenue as the assessee has not maintained any books of accounts
The extend of agricultural holdings of the assessee and the fact that they are rubber plantation and coconut garden was not disputed by the Assessing officer as the Department Inspectors have conducted a field visit and submitted reports
From the perusal of records tribunal noted that no adverse finding has been reported by the inspector
it was also noticed that the assessee has been declaring the agricultural income on an estimated basis in earlier years which has not been disputed by the revenue
The AO has estimated the agricultural income of the assessee to Rs
36,00,000 and the basis on which this estimate is made is not coming out clearly in the order of the AO and this contention of the assessee has not been looked into by the CIT(A) except for stating that the said estimate is reasonable
Accountant Member had a view when the assessee has submitted the possible evidence for estimating the income
the same cannot be brushed aside without recording any adverse finding
The revenue has not brought anything on record to show that the income estimated and the percentage of expense claimed by the assessee is not correct
The AO has also not recorded any supporting to show how the agricultural income is estimated at Rs.36,00,000
In view of these discussions and considering the facts of the case it was concluded that the addition made by the AO were purely based on surmise without recording any contrary finding and therefore should be deleted
ITAT held that the addition of Rs.9,00,000 done both AY 2012-13 and 2013-14 should be deleted and the appeals should be allowed in favor of the assessee
For Official Judgment Download PDF Given Below:
In case of any Doubt regarding Membership you can mail us at [email protected]
Join Studycafe's WhatsApp Group or Telegram Channel for Latest Updates on Government Job
you can also submit your articles by sending mail at [email protected]
The CBI has arrested a chartered accountant and an IRS officer for sabotaging Faceless Scheme of Income Tax Assessment
A chartered accountant Dinesh Kumar Agarwal and an IRS officer with the rank of Deputy Commissioner of Income Tax Vijayendra
a 2015-batch Indian Revenue Service (IRS) officer posted at the department’s Jhandewalan office in Delhi were among the first people the CBI arrested today in relation to their involvement in an ongoing investigation into a case involving the sabotage of the Faceless Scheme of Income Tax Assessment
According to the results of the investigation
the arrested private individual and the Dy
Commissioner of Income Tax conspired with others to contact assesses of high-value IT assessment cases that were still pending
They promised favorable orders in their income tax cases under investigation in exchange for financial benefits
the Indian government implemented the Faceless Scheme of Income Tax Assessment as a progressive change in tax administration
Its goals were to decrease human interaction
The reason this program is dubbed “Faceless” is that the assesse will not be able to identify the person doing the assessments and will not be able to see the face of their Assessing Officer
these accused individuals have been secretly gathering and sharing with the Assesses sensitive insider information about this scheme
such as the identity of the assessment officer
related to pending high-profile assessment/appeal cases
The defendants who were apprehended are being brought before the court of jurisdiction
the CBI previously searched 18 locations in Delhi
proof of payment for inappropriate satisfaction
and some digital electronic evidence were found
the Income Tax Department first filed a complaint
Following the discovery of prima facie evidence
the CBI filed a case against one Deputy Commissioner (IRS)(IT)
two Inspectors of the Income Tax Department
and unidentified others on the grounds that the accused had attempted to undermine and thwart the goals of the Government of India’s “Faceless Scheme of Assessment.”
In case of any Doubt regarding Membership you can mail us at [email protected]
you can also submit your articles by sending mail at [email protected]
We couldn't find the page you were looking for
here are some ways to continue your journey:
The Court indicated its intention to lay down mandatory guidelines to ensure timely pronouncement of judgments
Corpus Donation received for specific purpose not taxable even though trust is not registered u/s 12A of Income Tax
The assessee, Versova Kokni Sunni Jamat, is a religious trust registered with “Maharashtra State Board of Wakf”. The assessee had received corpus donation specifically for the purpose of purchase of property/Masjid/Dargah. The assessee filed its return of income in form ITR-7 claiming exemption u/s 11 of the Act
the Assessing Officer disallowed the amount of voluntary contribution received specifically towards the purchase of the property
The assessee appealed the decision to the CIT (A) stating that the corpus donation is in the nature of capital receipt and thus not taxable in the hands of the assessee trust irrespective of not being registered u/s 12A of the Act
The CIT (A) rejected the contention of the assessee that irrespective of the status of registration u/s 12A of the Act the receipts for specific purposes cannot be treated as income u/s 2(24) of the Income Tax Act
The assessee had filed an appeal with ITAT against the CIT (A) decision
In appeal, the assessee argued before the ITAT that the assesse had wrongly filed a return of income in form ITR-7 which is applicable to trust u/s 12A of the Act
the assesse submitted that since the trust was not registered u/s 12A of the Act
it could not claim benefits u/s 11 and 12 of the Act
corpus donation received for the purpose of purchase of property is not taxable being capital receipt in nature
The assesse also furnished details of donors along with their PAN and copy of deed of conveyance in respect of the purchase of the property
are not taxable as they assume the nature of “Capital Receipt”
In case of any Doubt regarding Membership you can mail us at [email protected]
you can also submit your articles by sending mail at [email protected]