An estate is assessable under section 168 on income accruing from a deceased person's assets after death, and TDS credit on dividend income belongs to the estate only if the income relates wholly to the post-death period. The ITAT found the legal position undisputed but the record insufficient to decide the relevant period, so the Assessing Officer was directed to verify that fact and grant TDS credit accordingly if the income was post-death. It also held that the Addl./Joint CIT(A) had no power to remand the matter to the Assessing Officer under section 251 in the circumstances, and disapproved that course.
An estate is assessable under section 168 on income accruing from a deceased person's assets after death, and TDS credit on dividend income belongs to the estate only if the income relates wholly to the post-death period. The ITAT found the legal position undisputed but the record insufficient to decide the relevant period, so the Assessing Officer was directed to verify that fact and grant TDS credit accordingly if the income was post-death. It also held that the Addl./Joint CIT(A) had no power to remand the matter to the Assessing Officer under section 251 in the circumstances, and disapproved that course.
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