1996 (2) TMI 19 - HC - Income Tax

Summary

Issues Involved:
The judgment involves the following issues:
1. Whether the assessment order was void for not including the legal heirs of the deceased in the assessment order.
2. Whether the Tribunal was correct in setting aside the order of the Appellate Assistant Commissioner and not directing the Income-tax Officer to proceed with the assessment against the legal representative of the assessee.

Issue 1: Assessment Order Validity
The deceased assessee's legal representative contended that the assessment was void ab initio as it was passed against a deceased person without including the legal heirs. The Commissioner of Income-tax (Appeals) upheld the order of the Income-tax Officer, stating that the assessment was completed when the assessee did not appear before the officer. However, the Tribunal found that the assessment was incomplete as on the date of assessment, the Income-tax Officer had not concluded the proceedings and had not brought the legal heirs on record as required by section 159(2) of the Income-tax Act. The Tribunal held the assessment order as void ab initio and set it aside.

Issue 2: Further Assessment Proceedings
The Tribunal did not pass an order directing the Income-tax Officer to proceed with the assessment against the legal representative of the deceased assessee. The Tribunal observed that natural justice demanded the assessment to go back to the Income-tax Officer to provide an opportunity for the legal representatives to present their case. While the Tribunal did not explicitly mention remanding the case, it was implied that the Income-tax Officer should initiate action under section 159(2) of the Act. The court agreed with the Tribunal's decision, stating that it was correct and that the assessment should proceed under section 159(2) of the Act.

In conclusion, the High Court of Madhya Pradesh upheld the Tribunal's decision, ruling in favor of the assessee on both issues. The court found that the assessment order was void for not including the legal heirs of the deceased and agreed that the assessment should proceed under section 159(2) of the Income-tax Act. The court dismissed the Revenue's appeal and affirmed the Tribunal's decision.