2014 (9) TMI 926 - AT - Income Tax

Unexplained investment - Liability of legal heirs - Held that - Once at the assessment stage the AO was intimated of the death of the assessee then the AO should have verified about other legal heirs of the assessee. The same action should have been taken by the ld. CIT(A) in this regard. Therefore instead of permitting the withdrawal of the appeals by one of the legal heirs the appeals should have been decided on merits by ascertaining the other legal heirs because other legal heirs as per Will of the assessee were also entitled to some rights and interest in the property and their rights or interests could have been affected by permitting one of the legal heirs of the deceased assessee to withdraw the appeals. - Matter remanded back - Decided in favour of assessee.

Issues:
- Appeal against CIT(A) decision to allow withdrawal of application by one legal heir and dismiss the appeal
- Legality of withdrawal application by one legal heir without adequate inquiry
- CIT(A) obligation to decide appeal on merits
- Validity of AO's addition on unexplained investment in construction
- Competency of one legal heir to withdraw appeals on behalf of all legal heirs
- Precedents regarding withdrawal of appeals by assessee
- Duty of AO and CIT(A) to verify all legal heirs in case of deceased assessee

Analysis:

1. Appeal against CIT(A) decision to allow withdrawal of application by one legal heir and dismiss the appeal:
The assessee filed appeals against the orders of the CIT(A) for the assessment years 2007-08 and 2008-09. The CIT(A) allowed the withdrawal of the application by one legal heir and dismissed the appeals. The appellant contended that this decision was improper and not in line with the rules of equity and fair play.

2. Legality of withdrawal application by one legal heir without adequate inquiry:
The appellant argued that the withdrawal application by one legal heir was malicious and intended to harm the other legal heirs without proper inquiry. The legality of such withdrawal without adequate investigation was questioned, as it could affect the rights and interests of all legal heirs.

3. CIT(A) obligation to decide appeal on merits:
The appellant asserted that the CIT(A) should have decided the appeal on its merits instead of allowing the withdrawal. It was contended that the appeals were legally filed and should have been considered based on their content.

4. Validity of AO's addition on unexplained investment in construction:
The AO made additions on account of unexplained investments in construction for both assessment years. The legality and basis of these additions were challenged by the appellant, leading to the appeals before the CIT(A).

5. Competency of one legal heir to withdraw appeals on behalf of all legal heirs:
The appellant cited legal precedents to argue that once an appeal is filed, it cannot be withdrawn by the assessee. The appellant contended that all legal heirs should be involved in the decision-making process regarding the appeals, especially when their rights and interests could be affected.

6. Duty of AO and CIT(A) to verify all legal heirs in case of deceased assessee:
The Tribunal highlighted the importance of verifying all legal heirs of a deceased assessee to ensure fair representation and protection of their rights. The AO and CIT(A) were expected to diligently ascertain all legal heirs and provide them with an opportunity to be heard before making decisions that could impact their interests.

In conclusion, the Tribunal set aside the orders of the CIT(A) and directed a re-decision on the appeals, emphasizing the need to involve all legal heirs in the process and ensure a fair and just resolution based on the merits of the case.

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