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)
ITAT Amendment Rules, 2025 – Key Procedural Changes and Practical Takeaways
The Income-tax Appellate Tribunal has recently notified the Income-tax (Appellate Tribunal) Amendment Rules, 2025, introducing important p...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
In a landmark development that could have far-reaching implications for multinational groups operating in India, the Hon’ble Bombay High C...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
The taxation of transactions within a Hindu Undivided Family (HUF) is governed by specific provisions under the Income Tax Act, 1961. This...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
In the case of "Maya Gopinathan vs Anoop SB 2024 INSC 334," the Hon'ble Supreme Court provided insightful guidance on the de...
-
Introduction The law relating to companies is laid down in Companies Act, 2013 and the rules made thereunder and t...
-
As per Income Tax Laws, any sum received or receivable in cash or kind under an agreement for not carrying business or profession is treat...
No comments:
Post a Comment