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Tejas Chokshi | Answer |Ask -Follow

Tax Expert - Answered on Jul 25, 2023

CA Tejas Chokshi has over 20 years of experience in financial planning, income tax planning, strategic and risk advisory, banking and financial products and accounting and auditing.
He is an information system auditor, a forensic auditor and concurrent bank auditor.
Chokshi, who has a master’s degree in management, audit and accounting from Gujarat University, has completed his CA from the Institute of Chartered Accountants of India.... more

Question by Prasad on Jul 25, 2023Hindi

Dear Sir, my mother passed away in September 2023. She was a pensioner and I used to file taxes for her earlier. Do I have to file taxes for her even during this year as she is no more with us. Also, if I have to file taxes, would it be ITR1? or some other form? Kindly help.

Ans: you may file as representative assessee for FY 22-23 and may file till the pension was received in 23-24.
you may inform department about the demise and apply to cancel her pan card.

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Question by Kishore - Nov 13, 2020Hindi

My mother expired on 16th april 2020. I am her son and nominee. How do I file the income tax return? There is TDS of approximately 5000 as per her PAN account. How do I close her PAN number?

Ans: If a person dies, the legal heir has to file tax returns on behalf of the deceased, to report the income earned by the deceased until the date of his death, and taxes deducted thereon. Legal heir has to register himself at the income tax website for filing the return on behalf of deceased. This is mandatory for e-filing of return on behalf of the deceased person.

The PAN of both the deceased person and legal heir should be registered in the e-filing portal. However, if the deceased person’s PAN is not registered, then the legal heir can register on behalf of the deceased.

Once the request for registration as legal heir is approved, then the person can file return as legal heir on behalf of deceased.

Any income earned after the date of death from the assets inherited from the deceased is taxable in the hands of the legal heir. Legal heir should include this income inherited from the deceased in his own income while filing own income tax return.

Once the return is filed and all tax dues are paid, you can make a written application to the relevant AO (assessing officer) for cancellation of PAN.

The Pan number, date of birth, date of death, etc should be provided. Post submission an acknowledgment is given. The IT department will scrutinise the application. Once found in order, the PAN will be cancelled.

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