Bhavnaben K. Punjani. (Smt.) v. PCIT (2024) 206 ITD 30 (Rajkot) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Death of assessee-No specific statutory provision under Income tax law which require legal heirs to intimate department about death of assessee-Assessment is not valid-Invalid assessment order could not be revised. [S.50C, 143(3)]

Assessing Officer received information that assessee had sold an immovable property and observed that there was a difference between sale value of property as declared by assessee and as adopted by stamp duty authority. He  reopened assessment and thereafter, assessment order was passed and additions were made on account of LTCG.  Principal Commissioner invoked revisionary proceedings on ground that Assessing Officer had not ascertained cost and year of acquisition of capital asset. On appeal the Tribunal held that   the  assessee had expired at time when assessment order was framed in name of assessee.In absence of any specific statutory provision under Income Tax law which requires legal heirs to intimate Income Tax Department about death of assessee, assessment order could not be held to be valid only for reason that legal heirs of deceased assessee had not informed about death of assessee.Since original assessment order framed in name of a deceased person was not valid in eyes of law, same could not be revised by taking recourse to section 263 proceedings and thus order passed under section 263 was to be set aside. (AY. 2007-08)

Leave a Reply

Your email address will not be published. Required fields are marked *

*