Rajender Kumar Sehgal v. ITO (2019) 414 ITR 286 (Delhi)(HC)

S. 148 : Reassessment–Notice issued in name of deceased assessee—Department attempting to correct error by changing name of entity in reasons to believe”—Not curable defects notice is invalid –Failure to issue notice u/s. 143(2) with in prescribed time – Reassessment is in valid. [S. 143(2), 147, 159, 29BB]

The notice was issued in the name of deceased  assessee and an attempt was made by the revenue to correct error by changing name of entity  in reason to believe . On writ allowing the petition the Court held that  in the absence of any provision in the Act, to fasten the liability upon a deceased individual assessee and in the absence of any pending or previously instituted proceedings, the Department could not impose the tax burden upon the legal representative. Court also held that the omission to issue the mandatory notice under section 143(2) rendered the reassessment void. The reassessment notice, the consequential proceedings and the reassessment order passed were to be quashed. (AY. 2010-11)