The Central Board of Direct Taxes (CBDT) recently clarified that, on death of both parents, the TDS on the interest income accrued to a minor shall be deducted from the Minor, not from Grand-parents.
The circular issued by the Board today stated that “It has been brought to the notice of CBDT that in cases of minors whose both the parents have deceased, lOS deductors/ Banks are clubbing the interest income accrued to the minor in the hand of grandparents and issuing lOS certificates to the grandparents, which is not in accordance with the law as the Income-tax Act envisages clubbing of minor’s income with that of the parents only and not any other relative. Ideally in such type of situations, the income should be assessed in the hands of the minor and the income-tax returns be filed by the minor through his/ her guardian.”
It was therefore, clarified that “in case of minors where both the parents have deceased, TDS on the interest income accrued to the minor is required to be deducted and reported against PAN of the minor child unless a declaration is filed under sub-rule(2) of Rule 37BA of the LT. Rules,1962 to that effect.”
Read the full text of the Notification below.
