2023 (1) TMI 872 - HC - Income Tax

Notice u/s 153C issued against deceased assessee - HELD THAT - As decided in Alamelu Veerappan 2018 (6) TMI 760 - MADRAS HIGH COURT the settled legal principle being that a notice issued in the name of the dead person is unenforceable in law. If such is the legal position, would the Revenue be justified in contending that they, having no knowledge about the death of the assessee, are entitled to plead that the notice is not defective. In my considered view, the answer to the question should be definitely against the Revenue.

Summary

Issues:
Challenge to action of respondent authorities under Section 153C for multiple assessment years, validity of notice under Section 153C against deceased individual for AY 2013-14 to AY 2019-20.

Analysis:
The petitioner sought various reliefs through the writ petition, including quashing of impugned notices under Section 153C for AY 2013-14 to AY 2019-2020, intimation letters, orders under Section 144, penalty orders, and recovery notices. Additionally, ad-interim relief was requested pending admission, hearing, and disposal of the petition. The core issue revolved around the validity of the notice under Section 153C of the Income Tax Act against a deceased individual for the assessment years 2013-14 to 2019-20.

Relying on the decision in Bhupendra Bhikhalal Desai vs. Income Tax Officer, Ward 1(2)(1), the Court considered the validity of proceedings initiated against a deceased individual. The Court emphasized the importance of a valid notice as a foundation for assessment validity. It was highlighted that a notice issued to a deceased person is null and void, necessitating the issuance of notice to the legal heirs and representatives. The decision underscored that proceedings initiated without a valid notice are invalid and void, citing precedents where notices issued to deceased individuals were deemed invalid.

In light of the legal principles and precedents discussed, the Court allowed the writ application, quashing and setting aside the impugned notice dated 15.12.2020 and terminating all consequential proceedings. The judgment upheld the requirement for a valid notice under Section 153C and emphasized the necessity of compliance with procedural mandates, especially concerning deceased individuals. Consequently, the petition was disposed of in favor of the petitioner, granting the requested reliefs and setting aside the impugned actions of the respondent authorities.

This detailed analysis of the judgment highlights the legal intricacies surrounding the validity of notices under the Income Tax Act, particularly concerning deceased individuals and the necessity for compliance with procedural requirements to ensure the legitimacy of assessment proceedings.