Preethi V. (Smt.) v. ITO (2025) 343 CTR 390 / 247 DTR 21 / 171 taxmann.com 100 (Karn)(HC) Editorial : Appeal affirmed by division bench, ITO v. Preethi V. (Smt) (2025) 343 CTR 385 / 247 DTR 16 / 170 Taxmann.com 673 (Karn)(HC)

S. 148 : Reassessment-Notice in name of deceased-Invalid-No statutory obligation on deceased to intimate department. [S. 149(1)(b), 159(2)(b), Art. 226]

The assessee died before issuance of notice u/s 148. The AO issued notice in the name of the deceased. The Court held that proceedings initiated against a dead person are invalid, and the only permissible course is as per s. 159(2)(b) against legal heirs. The contention that the deceased had a statutory duty to intimate the department was rejected. Accordingly, the notice and consequential proceedings were quashed. (AY. 2016-17) 

Leave a Reply

Your email address will not be published.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

*