Deceased assessee i.e. Rathindranath Bhattachrya while he was alive filed return declaring certain taxable income. After his death, a notice under section 142(1) was issued to Shri A.K. Chakroborty as alleged legal heir of deceased assessee. Subsequently, assessment was made in name of Smt. Sumita Bhattacahrya (Das) as legal heir. CIT(A) deleted the addition on the ground that assessment in the name of Smt. Sumita Bhattacahrya (Das) as legal heir is void. On appeal by the revenue Tribunal affirmed the order of CIT (A ) and held that, when the assessee is not the legal heir the assessment is void and bad in law. (AY. 2014-15)
ITO v. Rathindranath Bhattacharya. (2019) 179 ITD 349 (Kol.)(Trib.)
S. 159 : Legal representatives – Assessment-Assessee is not the legal heir of the deceased – Assessment is held to be bad in law .[ S.142(1), Hindu Succession Act, 1956,S 8, 15 ]