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Income Tax

Proceedings Declared Void Due to Notice Served After Assessee’s Death

Case Law Details

Case Name
ITO Vs Puspa Kothari (ITAT Kolkata)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2013-14
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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...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,494

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