9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (10) TMI 1476 - HC - Income TaxReopening of assessment against deceased assessee - liability of legal heirs of a deceased assessee under the reassessment proceedings - participation of the legal heir in the proceedings - HELD THAT - Notice issued u/s 148A(d) appears that the first petitioner had filed reply to the show cause notice issued in the name of his late father and was also heard. The notice u/s 148, Ext. P4, which also was of the same date, i.e. 10.4.2023, is in the names of late Sri. Naringaparambil Bhaskaran and the first petitioner, who is the son/legal heir of late Sri. Naringaparambil Bhaskaran. Petitioners cannot take a stand before this Court that since the show cause notice, Ext. P2, u/s 148A(b) was not in their names, subsequent orders and notice under Sections 148A(b) and 148, respectively, cannot be passed and issued to them. Since the first petitioner had already participated in the proceedings by not only filing reply to the show cause notice but also having been heard, this submission does not lie in the mouth of the petitioners and therefore, the same is liable to be rejected. The petitioners were not only aware of the proceedings, but also had participated in the proceedings. Therefore, the said contention is rejected. The order Ext. P3, passed Section 148A(d) of the Act would disclose that after considering the reply and submissions of the first petitioner, the AO is of the opinion that the assessment for the year 2019-2020 is required to be reopened under Section 147 by issuing notice u/s 148 of the Act and that the proceedings u/s 148 of the Act would continue in the hands of the legal heirs of the assessee. No ground to entertain the present writ petition. The petitioners were granted 30 days time from the service of the notice u/s 148 to file return in the prescribed form for the assessment year 2019-2020. 1. ISSUES PRESENTED and CONSIDERED The core legal questions considered in this judgment include:
2. ISSUE-WISE DETAILED ANALYSIS Issue 1: Validity of Reassessment Proceedings Against a Deceased Person Relevant Legal Framework and Precedents: The proceedings were initiated under Section 148 of the Income Tax Act, 1961, which governs the reassessment of income. The legal question revolves around the issuance of notices to a deceased individual. Court's Interpretation and Reasoning: The court observed that the notice under Section 148 was issued in the name of the deceased, late Sri. Naringaparambil Bhaskaran, but also included the name of the first petitioner, his legal heir. The court reasoned that the participation of the legal heir in the proceedings, including filing a reply and being heard, indicated awareness and involvement in the process. Key Evidence and Findings: The court noted that the first petitioner had responded to the show cause notice and was heard before the order under Section 148A(d) was passed, indicating his active participation. Application of Law to Facts: By participating in the proceedings, the legal heir implicitly accepted the reassessment process. The court found no procedural irregularity that would invalidate the proceedings. Treatment of Competing Arguments: The petitioners argued that the proceedings should be set aside as they were initiated against a deceased person. The court rejected this argument, emphasizing the legal heir's participation. Conclusions: The court concluded that the reassessment proceedings were valid, as the legal heir had effectively participated in the process. Issue 2: Liability of Legal Heirs in Reassessment Proceedings Relevant Legal Framework and Precedents: Under the Income Tax Act, legal heirs can be held liable for the tax liabilities of the deceased, provided proper notice is given. Court's Interpretation and Reasoning: The court interpreted that since the legal heir was involved in the proceedings, the liability could be extended to him. Key Evidence and Findings: The court found that the notice under Section 148 was issued to both the deceased and the legal heir, and the latter's involvement was well-documented. Application of Law to Facts: The court applied the principle that legal heirs can be liable for the deceased's tax liabilities when they are properly notified and involved in the proceedings. Treatment of Competing Arguments: The petitioners contended that no fresh notice was issued to them as legal heirs. The court dismissed this argument, given the legal heir's participation. Conclusions: The court concluded that the legal heirs could be held liable under the reassessment proceedings. 3. SIGNIFICANT HOLDINGS Preserve Verbatim Quotes of Crucial Legal Reasoning: "The petitioners cannot take a stand before this Court that since the show cause notice, Ext. P2, under Section 148A(b) was not in their names, subsequent orders and notice under Sections 148A(b) and 148, respectively, cannot be passed and issued to them." Core Principles Established: The participation of legal heirs in reassessment proceedings validates the process, even if initially issued in the name of the deceased. Legal heirs can be held liable for the deceased's tax liabilities if they are properly involved in the proceedings. Final Determinations on Each Issue: The court upheld the validity of the reassessment proceedings and held that the legal heirs were liable to comply with the notice under Section 148 of the Act. The petitioners were granted an additional 30 days to file a return for the assessment year 2019-2020.
|
