Delhi HC quashes
re-assessment on legal representative of a deceased assessee, observes that the
reassessment notice was issued in the name of the deceased and no notice was
issued to the legal representative; Rejects Revenue’s argument that the
‘defect’ was curable u/s. 292BB, remarks that “If the original assessee had
lived and later participated in the proceedings, then, by reason of Sec. 292BB,
she would have been precluded from saying that no notice was factually served
upon her.”, observes that here is a case of issuing notice on deceased
assessee; Referring to Sec. 159, rules that “to fasten revenue liability upon a
deceased individual, in the absence of pending or previously instituted
proceeding …, renders fatal the effort of the revenue to impose the tax burden
upon a legal representative.”; Relies on co-ordinate bench ruling in Vipin
Walia, SC ruling in Hotel Blue Moon:HC
Subscribe to:
Post Comments (Atom)
GST Input credit on construction of Immovable property.
Section 17(5)(c) and (d) of the Central Goods and Services Tax Act, 2017, blocks input tax credit for works contract services, goods or serv...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
· Mumbai ITAT in the case of Mukesh Harilal Mehta held that Exemption U/S 54 cannot be denied merely due to mistake by the developer.
-
Filing income tax returns (ITR) within the specified timelines under the Income-tax Act is not just a legal obligation but also crucial fo...
-
Earlier this year, the Mauritius Government approved the amendment to the India – Mauritius tax treaty, aligning it with the proposal of th...
-
NECESSITY : Sometimes, in view of the expansion of the business, multiple increase in turnover and need for getting finances from the ...
-
This Tax Alert summarizes a recent instruction issued by the SEZ Division, Department of Commerce, clarifying various concerns relating t...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
This Tax Alert summarizes a recent judgement of the Delhi High Court (HC) [1] dealing with the issue of denial of input tax credit (ITC) ...
-
Introduction The law relating to companies is laid down in Companies Act, 2013 and the rules made thereunder and t...
No comments:
Post a Comment