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Q. > Please Help: 44AB
The proprietor of the firm died before completion of audit u/s44ab and submission of itr in the month of august. Now who will sign the balance sheet of the firm and in whose income the income of the firm will be added. Also whose digital sign will be attached with the itr 4 submitted for the current assessment year.
answered Sep 17, 2011 by Ashish Karundia , New Delhi
Dear Friend,
The income will be assessed in the name of deceased person only. However, the son of the deceased person (in case the deceased person hasnt authorised any one else)will act as legal representative u/s 159 of the Income Tax Act, 1961 and will be responsible for filing the return. He can file the return by taking the DSC in the name of the proprietor by acting as legal heir or authorised person.
Hope this answers your query.
CA Sansaar

Comments
CA.VIRAL JANI
23-Sep-2011 , 12:40:29 pmDear Ashish, when the return file is in the capacity of Legal Hair the signature on the return is of legal Hair only and you need to mention the PAN of legal hair and name as a signing person. So,DSC is require to take by legal hair only in his name.