Opinion Of Eminent Legal Luminaries On Controversial Issues

Under Which PAN An Executor Has To File ROI?

QUERY: Please explain the procedure for e-filing of return of a deceased’s estate till final distribution of assets i.e. maturity of Section 54EC Bonds, Tax Saving FDR., P.O. deposits etc., [section 168 (1)(a)]. Whether he will have to apply for separate PAN or PAN of deceased will serve the purpose. The basic exemption will also be available for Rs. 2,00,000/- or not applicable to deceased?
ANSWER: Section 168 of the Act applies to executors as well as to administrators or other person administrating the estate of a deceased person.

Sections 159 and 168 of the Act deal with assessments on legal representatives. Section 159 of the Act is meant to enable the revenue to make an assessment on legal representation in respect of the income which accrued to or was received by the deceased, while section 168 of the Act authorises an assessment on the legal representative in respect of the income which accrues to him after the death, the estate being vested in him. Though the assessment is on the executor or executors, as the case may be, for all practical purposes it is the assessment of the deceased [CIT v. G.B.T. Sheth and Another – 133 ITR 192 (MP)].

Hence, the executor has to e-file return under the PAN of the deceased and would be entitled for basic exemption.

Posted in Income-tax
2 comments on “Under Which PAN An Executor Has To File ROI?
  1. CA M.S.BHATIA says:

    Assessee died on 28-12-2014. Now up to date of death assessment is to be framed under section 159( income accruing to deceased)on the deceased and from date of death to 31.03.2015 under section 168( income accruing to L/H)on the L/H. How to e-file two returns for the same assessment year under same PAN. Please guide !

  2. sudhir Majithia says:

    House property is in the name of dead person . Will power is on the name of executor . The executor want to sale the said property . Did executor need to apply for another PAN in the name of executor appointed?

Leave a Reply

Your email address will not be published. Required fields are marked *


Credit: Several of the queries and answers are reproduced with permission from the AIFTP Journal. We thank AIFTP for generously allowing us to host their research material.
Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or a formal recommendation. While due care has been taken in preparing this document, the existence of mistakes and omissions herein is not ruled out. Neither the author nor itatonline.org and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information in this document nor for any actions taken in reliance thereon. No part of this document should be distributed or copied (except for personal, non-commercial use) without express written permission of itatonline.org