Rupa Shyamsundar Dhumatkar v. ACIT ( 2020) 420 ITR 256/ 275 Taxman 453 (Bom)(HC), www.itatonline.org

S. 148 : Reassessment – Notice to dead person- Notice to legal heir of deceased Assessment order is held to be invalid .[S.147 , Art .226]

Allowing the petition the Court held that as per settled law, notice for reopening of assessment against a dead person is invalid. The fact that the AO was not informed of the death before issue of notice is irrelevant. Consequently, the S. 148 notice is set aside and order of assessment stands annulled .Followed Alamelu Veerappan v. ITO  ( 2018) 257 Taxman 72 (Mad) (HC),, and Chandreshbhai Jayntibhai Patel v.ITO ( 2019) 413 ITR 276 (Guj) (HC),  followed)( WP No. 404 of 2019, dt. 05.04.2019 ) ( AY. 2007 -08)