2013 (11) TMI 1446 - HC - Income Tax

Validity of assessment order - the assessee has passed away - legal representatives - Held that - The presence of son of assessee in assessment proceedings cannot raise an inference that he represented the entire estate with consent of other legal representatives, as to acquiesce in the assessment proceedings - The estate of the assessee was represented by fore legal heirs - Decided against Revenue.

Summary

Issues: Validity of assessment in the absence of service of notices on all legal representatives of deceased-assessee.

The judgment pertains to a case where the Income Tax Appellate Tribunal referred a question of law regarding the validity of an assessment in the absence of serving notices on all legal representatives of a deceased-assessee. The counsel for the revenue argued that since the deceased assessee was represented by his son during assessment proceedings, the assessment should not be considered a nullity. However, the court noted that the assessment order was deemed null and void by the Commissioner of Income Tax (Appeals) due to the absence of other legal heirs of the deceased assessee. The Income Tax Appellate Tribunal upheld this decision. The court emphasized that an assessment completed without involving all legal representatives of a deceased assessee is considered a nullity, even if one representative was present during proceedings. The presence of one representative does not imply representation of the entire estate, and thus, the assessment without all legal representatives is invalid.

Furthermore, the court clarified that the estate of the deceased assessee was inherited by five legal representatives, and the presence of one representative during assessment proceedings does not indicate consent or representation of the entire estate. Therefore, the court held that an assessment order passed without impleading all legal representatives of a deceased assessee is null and void. The court directed the Assessing Officer to proceed afresh after involving all legal representatives in the assessment process. Consequently, the court answered the question of law by affirming that an assessment without all legal representatives of a deceased assessee is invalid, requiring a fresh assessment with proper representation.

In conclusion, the court ruled that an assessment order passed without including all legal representatives of a deceased assessee is considered null and void. The court emphasized the importance of involving all legal heirs in the assessment process to ensure the validity of the assessment. The judgment highlights the significance of proper representation and notification to all legal representatives to maintain the integrity and legality of assessment proceedings in cases involving deceased assessees.