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)
New Customs Scheme for Manufacturing Sector
The Regulations enable an Authorized Importer to clear the imported goods directly from port to its manufacturing unit (‘ Authorised Premi...
-
Direct Tax · No change in the rate of corporate tax including surcharge & cess.
-
Buyback is an important provision related to Share Capital of a company. Rule 17 of the Companies Act set out norms for buyback...
-
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...
-
The Input Service Distributor (ISD) mandate, introduced in the Union Budget 2024, will take effect from April 1, 2025, as per amendments to ...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
The Union Budget 2025 introduces significant amendments to transfer pricing (TP) regulations under the Income Tax Act. These changes focu...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
The Income Tax Department has developed the latest JAVA base ITR Forms utility. ITR-1 (Sahaj) and ITR-4S (Subam) JAVA base utility has ...
-
Sr No Due Date Related to Compliance to be made 1 11.02.2025 GST ...
No comments:
Post a Comment