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)
Karnataka HC holds HSNS Cess framework unconstitutional due to manner of Cess calculation
This Tax Alert summarizes a recent ruling of the Karnataka High Court (HC) [1] on the constitutional validity of Health Security se Natio...
-
ITC is blocked on motor vehicles having seating capacity ≤ 13 persons (including the driver) used for the transportation of persons. Furth...
-
This Tax Alert summarizes a recent judgement of the Delhi High Court (HC)on imposition of penalty on directors of a company under the Ce...
-
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...
-
Clarifications from the GST Council The GST Council has recommended the following clarifications on ISD and cross charge:
-
Recently, in a significant taxpayer-friendly ruling, the Hon’ble Mumbai ITAT, in the case of Nikesh Bhagwandas Mehta vs. ITO , has clarifi...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
THE issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
Income Tax Department had clarify that the renting of mobile tower would attract lower TDS Deductions u/s. 194-I and not u/s...
-
Sr No Due Date Related to Compliance to be made 1 11.07.2026 GST ...
No comments:
Post a Comment