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Proceedings Declared Void Due to Notice Served After Assessee’s Death
Case Law Details
- Case Name
- ITO Vs Puspa Kothari (ITAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2013-14
- Courts
- All ITAT, ITAT Kolkata
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ITO Vs Puspa Kothari (ITAT Kolkata)
Notice to the Dead? Assessment Dies Too, Rules Kolkata ITAT- Fatal Jurisdictional Error: Assessment on Dead Person Held Void Ab Initio
Revenue appealed against the NFAC order deleting additions u/s 68 (₹12,64,110) & u/s 69C (₹37,935). The core legal issue, however, was whether the assessment itself—completed u/s 143(3) r.w.s. 147 on 29.09.2021—was valid, since it was passed against a deceased assessee, Sunder Lal Kothari, who had died earlier on 11.05.2021.
From the record, including the affidavit of the deceased’s daughter & the request fo...






