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S.159 applies when reassessment notice was issued during lifetime of deceased assessee
Case Law Details
- Case Name
- Late Sh. Lal Chand Verma Vs Union of India & Anr. (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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Late Sh. Lal Chand Verma Vs Union of India & Anr. (Delhi High Court)
Conclusion: Sine qua non for acquiring jurisdiction to reopen an assessment was that notice under section 148 should be issued to a correct person and not to a dead person. Moreso, section 159 was applicable when proceedings were initiated and pending against an assessee during their lifetime, and the legal representative assumed responsibility after the assessee’s death.
Held: In the instant case, the original assessee Lal Chand Verma passed away on 30 July 2021. It appeared that the Income Tax Off...





