1997 (3) TMI 20 - HC - Income Tax

Summary

Issues involved:
1. Validity of reassessment proceedings when notice issued in the name of a dead person.
2. Inclusion of spouse's income in deceased's income u/s 64 of the Income-tax Act, 1961.

Validity of Reassessment Proceedings:
The High Court addressed the issue of the validity of reassessment proceedings when a notice was issued in the name of a deceased person. The court noted that the widow of the deceased had actively participated in the proceedings despite the procedural irregularity of the notice being served on a dead person. The court considered whether this irregularity should be treated as a procedural flaw or a nullity. Ultimately, the court concluded that since the widow had participated in the proceedings, any defect in the notice was deemed cured. Therefore, the court ruled in favor of the Revenue on this issue.

Inclusion of Spouse's Income:
Regarding the inclusion of the spouse's income in the deceased's income u/s 64 of the Income-tax Act, the court examined the Tribunal's findings. The Tribunal had determined that the income of the deceased's widow should be included in the deceased's income based on the evidence presented. The High Court agreed with the Tribunal's assessment and found no reason to deviate from their conclusion. Consequently, the court ruled in favor of the Revenue on this issue as well.

In conclusion, the High Court disposed of the reference by upholding the validity of the reassessment proceedings and affirming the inclusion of the spouse's income in the deceased's income as per the provisions of the Income-tax Act, 1961.