Income Tax

TDS on interest on deposits under Capital Gains Accounts Scheme, 1988 where depositor has deceased

TDS on interest on deposits under Capital Gains Accounts Scheme, 1988 where the depositor has deceased to be deducted against PAN of the legal heir

Government of India
Ministry of Finance
Central Board of Direct Taxes
Directorate of Income-tax (Systems) New Delhi

Notification No. 08/2017

New  Delhi, 13th, September,2017

Subject:-TDS on interest on deposits made under the Capital Gains Accounts Scheme, 1988 where the depositor has deceased- reg.-

It has been brought to the notice of CBDT that in cases of deceased depositor who has made deposits under the Capital Gains Accounts  Scheme,  1988; the banks are deducting TDS on the interest earned on such deposits in the hand of the deceased depositor and issuing TDS certificates in the name of the deceased depositor, which is not in accordance with the law. Ideally in such type of situations, the TDS certificate on the interest income for and upto the period of death of the depositor is required to be issued on the PAN of the deceased depositor and for the period after death of the depositor is required to be issued on the PAN of the legal heir.

2. Under sub-rule (5) of Rule 31A of the Income-tax Rules, 1962, the Director General of Income-tax (Systems) is authorized to specify the procedures, formats and standards for the purposes of furnishing and verification of the statements or claim for refund in Form 268 and shall be responsible for the day-to-day administration in relation to furnishing and verification of the statements or claim for refund in Form 268 in the manner so specified.

3. In exercise of the powers delegated by the Central Board of Direct Taxes (Board) under sub-rule (5) of Rule 31A of the Income-tax Rules, 1962, the Principal Director General of Income-tax (Systems) hereby specifies that in case of deposits under the Capital Gains Accounts  Scheme,  1988 where  the  depositor has  deceased:

(i) TDS on the interest income accrued for and upto the period  of death of the depositor is required to be deducted and reported against PAN of the depositor,  and

(ii) TDS on the interest income accrued for the period after death of the depositor is required to be deducted and reported against PAN of the legal heir, unless a declaration is filed under sub-rule(2) of Rule 37BA of the Income-tax Rules, 1962 to that effect.

4. This  issues   with   approval of the Principal Director General of Income-Tax (Systems).

(P. S. Thuingaleng)

Dy. Commissioner of Income-tax (CPC-TDS),
0/o the Pr. Director General of Income-tax (Systems),
New Delhi

Copy for kind information to:-

  1. PPS to the Chairman and all Members, CBDT, North Block, New Delhi.
  2. All Pr. Chief Commissioners/Pr. Director Generals of Income-tax/Chief Commissioners of lncome-tax/Pr. Commissioners of Income-tax/Commissioners of Income­ tax/Commissioners of Income-tax (TDS) with a request to circulate amongst all officers in their regions/charges.
  3. JS (TPL)-I & II/ Media Coordinator and Official spokesperson of CBDT
  4. ADG(IT) /ADG(Audit)/ADG(Vig.)/ADG(Systems)1, 2, 3, 4, 5 /ADG(TPS)-1, 2 /CIT(CPC- ITR)/CIT (CPC-TDS).
  5. ADG (PR, PP & OL).
  6. TPL, ITA and IT(B) divisions of CBDT
  7. The Institution of Chartered Accountants of India, I. P. Estate, New Delhi.
  8. The Web-Manager, ‘incometaxindia.gov.in’ for hosting on the website.
  9. Database cell for uploading on irsofficersonline.gov.in and in DG!T(Systems) corner.
  10. ITBA publisher for uploading in ITBA portal.
  11. ITO (CPC-TDS)-II for uploading on TRACES portal.

 

Dy. Commissioner of Income-tax (CPC-TDS), 
0/o the Pr. Director General of Income-tax (Systems),
New Delhi

Share

Recent Posts

  • Income Tax

If assessee fails to explain source of purchases, estimating profit rate contrary to Section 69C

When assessee failed to explain source of purchases expenditure, estimating profit rate was contrary to provision of Section 69C which…

13 hours ago
  • Income Tax

Income Tax Department not trusted even upon its lawyers – SC slams ITD for delay

Income Tax Department not trusted even upon its lawyers – SC slams ITD on adopting a long process resulting delay…

15 hours ago
  • GST

Goods loaded in two trucks with one e-way bill stating both truck numbers – No evasion

When goods are loaded in two trucks with one e-way bill specifically mentioning both truck numbers, no intention to evade…

2 days ago
  • Labour Laws

GOI makes four new Labour Codes  effective from 21st November 2025

GOI makes four new Labour Codes  effective from 21st November 2025 Government of India has announced that the four Labour…

2 days ago
  • EPFO

Provident fund dues have first charge over claim of bank under SARFAESI Act – SC

Provident fund dues definitely have a first charge over claim of bank under SARFAESI Act – Supreme Court In a…

2 days ago
  • Income Tax

CBDT notifies the Capital Gains Accounts (Second Amendment) Scheme, 2025

CBDT notifies the Capital Gains Accounts (Second Amendment) Scheme, 2025 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT…

3 days ago