During pendency of scrutiny proceedings, assessee died on 18-1-2016 and he was represented by his legal representative, petitioner. Later, original income declared by assessee was accepted and assessment order was passed. Reopening notice was issued against deceased assessee on ground that bill receivables shown in audit report were not included in turnover receipt offered for taxation. In response to notice u/s 142(2) the Pursuant to notice petitioner annexed death certificate of assessee. The Assessing Officer passed assessment order on 10-9-2021 and initiated penalty proceedings against deceased assessee. On writ allowing the petition the Court held that since during original assessment proceeding itself, original assessee died and Assessing Officer was well-informed of same, notice issued for initiation of reassessment proceeding in name of deceased assessee on his PAN and not in name of his legal representative was illegal and all consequential orders passed pursuant to notice, would be non est and was quashed.(AY. 2015-16)
Sandeep Chopra v. PCIT (2023) 455 ITR 613/ 292 Taxman 269 / 227 DTR1 (Jharkhand)(HC)
S. 148 : Reassessment-Notice on dead person-Intimated in the original assessment proceedings-Notice and order was quashed. [S. 142(2) 159, 292BB, Art. 226]