2024 (1) TMI 1226 - HC - Income Tax

Reopening proceedings against deceased assessee - proceedings against legal representatives of the deceased assessee - Writ Petition challenging the notice issued u/s 148 in the name of the deseased assessee, the wife of the petitioner - as submitted that the deceased assessee had not filed return of Income in her name as she had no income of her own. As after the death of the deceased assessee, the Permanent Account Number of deceased assessee was no longer valid. It is submitted that although the legal heirs of the deceased assessee are deemed to be the assessee as per Section 159 the appeal filed is not getting linked with the PAN Card and Aadhar Card number of the deceased assessee and therefore the petitioner as the Legal Representative is remediless. HELD THAT - After the death of an assessee, the respective Legal Representatives must register themselves in the Income Tax Portal by submitting the PAN of the deceased assessee along with their PAN as the Legal Representative of deceased assessee and produce a death certificate of the deceased assessee together with their legal heirship Certificate. It is only after such compliance, appeal against an assessment order passed in the name of a deceased person can be numbered and heared. The petitioner as legal heir of the deceased assessee ought to have complied with the same along with other legal representatives of the deceased assesse Mrs. Nirmala Subramanian. Petitioner as the legal representative of the deceased assessee along with the other legal representatives thus ought to have to filed an appeal against the Assessment Order dated 14.03.2023 by following the prescribed procedure. The petitioner has however filed a defective appeal on 14.06.2023 before the Commissioner of Income Tax (Appeals). Having, opted to correctly challenge the Assessment Order dated 14.03.2023 before the Commissioner of Income Tax (Appeals) by filing an appeal though with defects, it is not open to the petitioner to challenge the assessment order and/or the notices that preceded the impugned assessment order and/or the subsequent notice issued under section 221(1) of the Income Tax Act, 1961 in the name of the deceased assesse. This writ petition is therefore without any merits and is therefore liable to be dismissed. However, liberty is given to the petitioner to work out the remedy before the Commissioner of Income Tax (Appeals) by curing the defect in the appeal filed on 14.06.2023. Defects pointed out shall be cured by the petitioner within a period of 45 days of receipt of a copy of this order. The Office of the Commissioner of Income Tax (Appeals) is to be suo moto impleaded as third respondent and is directed to number the appeal subject to the petitioner and other legal representatives complying with other statutory requirements for the filing of appeal as the legal representatives of the deceased assessee namely Mrs.Nirmala Subramanian. On the appeal being numbered, it shall be disposed on merits within a period of six (6) months from the date of receipt of a copy of this order. Needless to state petitioner/legal representatives or their Authorsised representatives shall be heard. Recovery proceedings against the petitioner and legal representatives of the deceased assessee namely Mrs.Nirmala Subramanian shall be kept in abeyance for a limited period of six (6) months from today.

Summary

Issues Involved:
1. Validity of the notice issued under Section 148 of the Income Tax Act, 1961.
2. Legality of the assessment order and demand notice issued posthumously.
3. Procedural compliance for appeals filed by the legal representative of the deceased assessee.

Summary:

Issue 1: Validity of the notice issued under Section 148 of the Income Tax Act, 1961

The petitioner challenged the notice dated 30.03.2022 issued under Section 148 of the Income Tax Act, 1961, arguing that it was issued in the name of the deceased assessee, Mrs. Nirmala Subramanian. The court acknowledged that the notice was issued to the deceased assessee and highlighted that the petitioner, as the legal representative, had filed a return of income for the deceased on 25.04.2022, which was considered before passing the assessment order dated 14.03.2023.

Issue 2: Legality of the assessment order and demand notice issued posthumously

The petitioner contended that the assessment order dated 14.03.2023 and the subsequent notice of demand dated 24.05.2023 were invalid as they were issued in the name of the deceased. The court noted that under Section 159 of the Income Tax Act, 1961, the legal representatives are deemed to be the assessee and are liable for the tax dues of the deceased. The court emphasized that the liability of the legal representative is limited to the extent of the estate of the deceased.

Issue 3: Procedural compliance for appeals filed by the legal representative of the deceased assessee

The petitioner had filed an appeal on 14.06.2023 against the assessment order in his capacity as the legal heir but without following the prescribed procedure. The court pointed out that the appeal had not been numbered due to procedural defects. The court directed the petitioner to cure the defects within 45 days and instructed the Commissioner of Income Tax (Appeals) to number the appeal upon compliance. The appeal should be disposed of on merits within six months.

Conclusion:

The court dismissed the writ petition, stating that the petitioner should pursue the remedy before the Commissioner of Income Tax (Appeals) by curing the procedural defects in the appeal. Recovery proceedings against the petitioner and other legal representatives were ordered to be kept in abeyance for six months. The court emphasized the importance of following the statutory requirements for filing appeals as legal representatives of the deceased assessee.