On 24-5-2022 notice under section 148A(b) was issued in name of assessee who had in fact died prior thereto on 2-9-2016.On writ before the High Court the Legal heirs of assessee contended that solely because they as legal representative subsequently responded to notices would not imply that proceeding initiated was valid. The High Court disposed of the Writ petition by holding that the legal representatives could take all contentions available to them except the fact that the initial notice was issued in the name of a dead person. On SLP supreme Court modified the order of the High Court and the AO is directed to consider all legal arguments including defect notice issued in the name of dead person
Ghanyashyam Anil Dhanani v. ITO (2025) 342 CTR 232 / 245 DTR 35 /302 Taxman 411 (SC) Editorial : Ghanyashyam Anil Dhanani v. ITO (2024) 169 taxmmann.com 326 (Bom)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice in the name of dead person-High Court by an order disposed of writ petition reserving all contentions to be taken by legal heirs of assessee before Assessing Officer except contention that initial notice under section 148A(b) was issued to a dead person-Order of High Court is modified and the AO is directed to consider all legal arguments including defect notice issued in the name of dead person. [S. 148A(b), 148A(d), Art. 136]
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