2022 (7) TMI 222 - HC - Income Tax

Reopening of assessment u/s 147 - show cause notice issued to the petitioner as the legal representatives of the deceased assessee - HELD THAT - Section 159 (3) makes it clear that the legal representative shall for the purpose of be deemed to be an assessee and the subsequent communication of the department was received by the petitioner as the legal representative of the deceased assessee namely Jeyachandran. See SHRI M. HEMANATHAN 2016 (4) TMI 258 - MADRAS HIGH COURT We allow this writ petition at the stage of admission by giving liberty to the respondent to issue appropriate notice to the petitioner under Section 148 as a legal representative of the deceased assessee namely Jeyachandran. The time spent in the impugned proceeding till the date of receipt of this order shall be excluded. Considering the fact that the time for completing the assessment would expire on 31.03.2022 the respondent is given liberty to issue a fresh notice to the petitioner within a period of two weeks from the date of receipt of copy of this order. The respondent shall thereafter proceed to pass appropriate orders on merits and in accordance with law within a period of 75 days. The entire exercise shall be completed by the respondent within a period of 90 days from the date of receipt of copy of this order.

Summary

Issues:
Challenge to impugned notice under Section 148 of the Income Tax Act issued in the name of deceased father, legal implications of Section 159 regarding legal representatives' liability and assessment procedures after the death of an assessee.

Analysis:

1. The petitioner contested an impugned notice issued under Section 148 of the Income Tax Act, arguing that it was in the name of his deceased father. The petitioner's counsel highlighted the petitioner's unawareness of a relevant court decision and subsequent communications informing the respondent of the jurisdictional issue. The respondent's counsel argued that the legal representative can be held liable as per Section 159(2)(b) for assessments and proceedings against a deceased assessee, even if initially addressed to the deceased.

2. The respondent's counsel emphasized Section 159's provisions, stating that legal representatives can be held accountable for the deceased's tax liabilities. The counsel argued that the petitioner's participation in prior proceedings for a different assessment year impacts the current challenge. The court considered arguments from both sides and deliberated on the interpretation and application of Section 159 in such cases.

3. Section 159 of the Income Tax Act delineates the legal responsibilities of representatives after an assessee's demise. The court referred to the relevant provisions of Section 159, emphasizing the liability of legal representatives to pay the deceased's outstanding taxes. The court discussed the implications of Section 159(3), which deems legal representatives as assesses for tax purposes, and analyzed the communication received by the petitioner in his capacity as the deceased's legal representative.

4. The court referenced a previous judgment involving similar issues, where the Department's pursuit of proceedings despite being aware of the assessee's death was deemed inappropriate. The court highlighted the deeming fiction in Section 159(3) and considered the implications for service of notices on legal representatives. Based on these considerations, the court decided to allow the writ petition, granting the respondent the opportunity to issue a fresh notice to the petitioner as the legal representative within a specified timeline for completing assessment procedures.

5. In conclusion, the court granted relief to the petitioner by allowing the writ petition and directing the respondent to issue a fresh notice within a specified timeframe. The court set deadlines for completing assessment procedures and emphasized compliance with legal provisions and due process. No costs were awarded, and the connected Miscellaneous Petitions were closed as a result of the judgment.