Tribunal held that ; a notice/ order on a dead person/ wound-up company is a nullity, this is subject to the condition that the department is made aware of the death/ winding-up. If the legal representative, either voluntarily or in response to a notice issued against the deceased but served upon his agent, allows the assessment proceedings to continue against the deceased/ wound-up company without any objection and lets the AO make an assessment order, it would not be open for him to take a plea at the appellate stage, as a last resort or as an afterthought, that the proceedings taken and the assessment order made against the deceased/ wound-up company are nullity. In such cases, the assessment is liable to be set-aside for a fresh assessment in accordance with law instead of its annulment. ( ITA No.1929/Del/2017, dt. 19.06.2018)(AY. 2012-13)
Pesak Ventures Ltd. v. DCIT ( 2018) 67 ITR 495(Delhi)(Trib),www.itatonline.org
S. 159 : Legal representatives –Notice or order on dead person or wound up company is a nullity subject to condition that the department is made aware of the death or winding up. If the assessee participated in the proceedings and thereafter has taken the plea that order or notice was served on dead person , wound-up company are nullity. In such cases, the assessment is liable to be set-aside for a fresh assessment in accordance with law instead of its annulment.[ S.163, 176 ]