Case Law Details
Case Name : Champat Singh (through legal heir) Vs. ITO (ITAT Delhi)
Related Assessment Year : 2012-13
Courts :
All ITAT ITAT Delhi
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Champat Singh (through legal heir) Vs. ITO (ITAT Delhi)
In this case, the notice u/s 148 for reopening was issued on 26.03.2019 in the name of late Shri Champat Singh, who had passed away on 16.04.2018. AO proceeded with reassessment & passed order u/s 147 r.w.s. 144 on 09.12.2019 in the name of the deceased.
Assessee’s legal heir challenged the validity of the notice, contending that jurisdictional assumption u/s 148 against a dead person is void ab initio.
Tribunal observed that since the notice was issued after the death of the assessee, it was non est in law, rendering the entire r...
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