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Financial Planner - Answered on Mar 18, 2021

Anil Rego is the founder of Right Horizons, a financial and wealth management firm. He has 20 years of experience in the field of personal finance.
He’s an expert in income tax and wealth management.
He has completed his CFA/MBA from the ICFAI Business School.... more

Question by venkata on Mar 18, 2021Hindi

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I am regular reader of your views.

It helps to understand various rules and obligations of a tax payer.

Now I have come across a peculiar situation.

Father of a son, a trekker, went missing during one of his expeditions in Himachal Pradesh.

His wife flew to the last known place from where he called her.

At that place police station, after detailed discussion, newspaper reports, and enquiries a complaint was registered.

Subsequently vast searches were done including aerial search by army, ITBP, Air Force personnel.

He could not be traced.

Police has confirmed that they could not locate but continue to search; two years lapsed already.

Query: In the past two years, various fixed deposits in joint names, either or survivor, have all been encashed by father on maturity.

Father, a sr. citizen, and also tax assessee 30% slab, has paid all taxes against his own income and filed his return against his own PAN no.

But for his son, in line with his (son's) 26AS report, the income tax is paid against his (son's) PAN for the last two years.

A refund is also due in one year.

But ITR 2 could not be uploaded against son's PAN since OTP will be received in his (son's) mobile which is not available.

Father cannot sign as representative as no confirmed report of the failure of searches is available at the moment.

Son's wife, in 30% slab, has filed her return for her income.

No will or POA, or any written authorisation is available.

Please suggest how to proceed.

Ans: Father or spouse can look to register with the income tax department to act as a representative.

The listed circumstances include for a deceased person, mentally incapacitated, etc.

You can look to do so under 'Any other reason'.

You would need to provide the requisite proofs including copy of the FIR and any other such backup documentation.

I would believe that the department would consider your request favorably because you are only making an attempt to comply with regulation.

Once the person is approved as a representative, one can file the returns of the missing person.

You can reach the income tax department through their customer care numbers or the PRO at their offices.

In absence of you getting an approval, do keep all the backups of communication and attempts made and continue to pay the taxes and maintain the computation of income for future reference.

This would be a practical approach to take.

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