Case Law Details
Case Name : Sh. Sudish Kumar Vs CIT (Appeals) (ITAT Delhi)
Related Assessment Year : 2016-17
Courts :
All ITAT ITAT Delhi
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Sh. Sudish Kumar Vs CIT (Appeals) (ITAT Delhi)
Notice to a Dead Assessee Is a Nullity: Delhi ITAT Strikes Down Reassessment Issued Years After Death
The Delhi Bench of the ITAT quashed the reassessment proceedings for AY 2016-17 initiated under sections 148/147 against a deceased assessee, holding the notice to be void ab initio. The assessee had expired on 23.06.2016, whereas the section 148 notice was issued on 26.07.2022.
Rejecting the Revenue’s plea that legal heirs must first inform the Department of the death, the Tribunal followed the binding Delhi High Court ruling in Savita Kapila v...
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