Can Legal Hair Claim 80C Deduction While Filing Return of Deceased Assessee?

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    Assessee died. As no settlement took place among legal hires . I.T. Returns are prepared considering all the income received or receivable by the late assessee and return are going to file in the name of the assessee and signed by elder son of the assessee as L/R of the deceased assessee. now my question is “ Whether deduction u/s 80C be claimable against the eligible investment made out of deasesed assesse’s income or not.”Goutam, Kolkata

    Yes, the deduction under section 80C is allowable . I T Act provides section 159 under which legal representative are assessed on behalf of the deceased assessee .

    It means that assessment takes place as if the assessee has not died. Therefore whatever was available to before he expired shall be available to him even if he dies. As the investment for 80C deduction was already made, and that he deduction u/s 80C is a right embedded in computation of total income of an assessee ., it is to be allowed.

    Hence if the total income of the deceased assessee has to be computed , it is computed by allowing chapter VI-A deduction . In my opinion, even if the investment is made by the legal representative from the fund or bank account of deceased for 80C deduction, it shall be available for computation of total income of the deceased assessee in hand of legal representative.