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ITAT Voids NFAC Order Passed Against Deceased Taxpayer Without Hearing Legal Heir

Case Law Details

TaxGuru Citation
2025 taxguru.in 10397
Case Name
Late Mohd Ayub Gulamhasan Khan Vs ITO (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-19
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Late Mohd Ayub Gulamhasan Khan Vs ITO (ITAT Mumbai)

Order Passed Against Deceased Assessee Set Aside – ITAT Restores Case to CIT(A) after Legal Heir Steps In & Explains Delay

The appeal was filed with a delay of 193 days by the deceased Assessee’s son & legal heir, Zaid Mohd. Ayub Khan, seeking condonation. He explained that his father had expired on 08-10-2022, & the family was unaware of ongoing proceedings before NFAC. CIT(A) had passed the order on 28-11-2024 against a dead person, & the legal heirs came to know only upon receiving recovery notices.

Tribunal held that the delay was justified as the circumstances were beyond the legal heir’s control & relied on Collector, Land Acquisition v. Mst. Katiji (1987 AIR 1353 SC) to prefer substantial justice over technical delay.

Since CIT(A) order was passed against a deceased person without hearing the legal heir, Tribunal set aside the order & restored the matter to CIT(A) for fresh adjudication after giving opportunity to the legal representative. The legal heir was directed to file an amended Form-35 & cooperate in the proceedings.

Result: Delay condoned | CIT(A) order against deceased set aside | Matter remanded for fresh hearing – Appeal allowed for statistical purposes.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,411

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