| COURT: | Supreme Court |
| CORAM: | A.K. Sikri J., Rohinton Fali Nariman J. |
| SECTION(S): | 159, Excise Act |
| GENRE: | Domestic Tax |
| CATCH WORDS: | Assessment, dead person |
| COUNSEL: | Rajshekar Rao |
| DATE: | July 29, 2015 (Date of pronouncement) |
| DATE: | September 28, 2015 (Date of publication) |
| AY: | - |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| Entire law on the taxation of deceased persons and their estate explained in the context of the Income-tax Act and the Central Excise Act | |
The individual assessee has ordinarily to be a living person and there can be no assessment on a dead person and the assessment is a charge in respect of the income of the previous year and not a charge in respect of the income of the year of assessment as measured by the income of the previous year. Wallace Brothers & Co. Ltd. v Commissioner of Income-tax. By section 24B of the Income-tax Act the legal representatives have, by fiction of law, become assessees as provided in that section but that fiction cannot be extended beyond the object for which it was enacted
Recent Comments