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Income Tax

Penalty order passed in the name of death person after death is invalid

Case Law Details

Case Name
Sri. Varadarajan Narayan Aiyar Vs ITO (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
Advertisement Sri. Varadarajan Narayan Aiyar Vs ITO (ITAT Bangalore) ITAT Bangalore held that any proceedings taken against the deceased before his death shall be deemed to have been taken against the legal representative. However, penalty order passed in the name of death person after his death is invalid. Facts- The assessee has sold a property for Rs.2,14,22,160 and received Rs.2,12,07,936 from the purchaser after deduction of TDS at 1% as per the provisions of section 194-IA of the Act. Out of the consideration received of Rs.2,12,07,936, Rs.2 crore was received by way of RTGS and balan...
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