Allowing the petition the Court held that , liability of a legal representative under Act is limited to extent to which estate is capable of meeting said liability . Accordingly where assessee did not inherit anything from his father and, moreover, he had nothing to do with his father’s bank account, assessment order passed under S. 144, read with S 147, on ground that there were huge deposits in said account in relevant year prior to death of his father, was not sustainable , the order was set aside.
C. Naveen Kumar v .ITO ( 2019 ) 266 Taxman 74 ( Mad) (HC)
S. 147 : Reassessment – Legal represenntaive – Liability – Not inherited anything from his father- Huge deposits prior to death – Reassessment is held to be bad in law . [ S..144, 148 159, Art .226 ]