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Income Tax

Reassessment Quashed Because Notices Were Issued to a Dead Person

Case Law Details

TaxGuru Citation
2026 taxguru.in 257
Case Name
Aman Ghai Vs ITO (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2016-17
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Aman Ghai Vs ITO (ITAT Delhi)

AO Knew Assessee Was Dead, Yet Issued 148A: Complete Collapse of Proceedings- Reassessment in Name of Dead Person Is Void Ab Initio:

Faceless or Not, Dead Person Can’t Be Assessed -Jurisdiction Ends With Death—Reassessment Declared Non Est-  Dead Can’t Be Reassessed: ITAT Quashes Notice Issued With Death Certificate Attached

Delhi ITAT ‘SMC’ Bench in Aman Ghai (Legal Heir of Late Shri Anil Kumar Ghai) Vs. ITO  [ITA No. 7227/Del/2025, AY 2016-17, order dated 16.12.2025] allowed Assessee’s appeal and quashed reassessment proceedings initiated and completed in the name of a deceased person. Original Assessee had filed return for AY 2016-17 and expired on 15.02.2018. Legal Heirs had duly informed the Department about the death. Despite this, AO issued notice u/s 148 in the name of deceased, annexing even the death certificate, clearly evidencing knowledge of death. Post Ashish Agarwal (SC), the notice was treated as show-cause u/s 148A(b), yet again issued in name of deceased, followed by order u/s 148A(d), notice u/s 148 and final assessment order u/s 147 r.w.s. 144B — all in name of dead person. Tribunal held that reassessment initiated against a non-existent person is without jurisdiction and void ab initio. Relying on Delhi HC in Savita Kapila Vs. ACIT, Tribunal observed that even otherwise legal heirs are under no statutory obligation to intimate death, and once AO had knowledge of death, proceedings could not be sustained. Consequently, entire reassessment proceedings were held non est and quashed

FULL TEXT OF THE ORDER OF ITAT DELHI

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,879

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