Neena Jatin Shah v. ITO [2025] 179 taxmann.com 498 (Bom)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice issued to a dead person is null and void-Notices and consequential order were quashed. [S. 148, 148A(b), 148A(d), 159, Art. 226]

Where the legal heir and widow of the deceased assessee had informed the Income-tax Department about assessee’s death and reassessment proceedings for an earlier assessment year had consequently been dropped, but proceedings for AY 2018-19 were subsequently initiated against the deceased assessee, notice under section 148 could not validly be issued to a dead person and, if issued, was null and void; accordingly, impugned notices and consequential order were quashed.  (AY. 2018-19)

Leave a Reply

Your email address will not be published.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

*