2014 (6) TMI 189 - HC - Income Tax

Disposal on merits legal representative - civil dispute with regard to who are the legal heirs are still to be resolved - Held that - Unless there is proper adjudication by the civil court with regard to the legal representatives of late M.P. Jairaj, nothing can be done further in the matter - the Tribunal was justified in directing the AO to await the outcome of adjudication with regard to L.Rs of late M.P.Jairaj by the civil court there was no substance in the appeal the Tribunal has rightly refused to interfere with the order Decided against Revenue.

Summary

Issues Involved:
1. Dismissal of M.P.No.67/Bang/2007 by the Income Tax Appellate Tribunal.
2. Validity of assessment order due to non-service of notice to legal representatives.
3. Appeal against orders dated 16-02-2007 and 16-07-2007 in ITA No.613/Bang/2007 and M.P.No.64/Bang/2007.
4. Disposal of appeal bearing ITA Nos.614-616/1997 by the Tribunal.
5. Refusal to interfere with the Tribunal's order dated 31-01-2007.

Analysis:

Issue 1: Dismissal of M.P.No.67/Bang/2007 by the Income Tax Appellate Tribunal
The Tribunal dismissed M.P.No.67/Bang/2007 seeking disposal of ITA Nos.614-616/1997 on merits based on the High Court's directions. The Tribunal remanded the issue to the Assessing Officer to bring all legal heirs on record for resolution of civil disputes related to property inheritance. The Tribunal's decision was upheld as no apparent mistake was found, leading to the dismissal of the petition.

Issue 2: Validity of assessment order due to non-service of notice to legal representatives
The High Court addressed the issue of non-service of notice to legal representatives of the deceased assessee. Referring to a Supreme Court judgment, it was established that non-service of notice does not invalidate the assessment order but constitutes an irregularity. The Court set aside the Tribunal's order and directed a fresh consideration of the matter on merits, emphasizing the importance of following correct legal procedures.

Issue 3: Appeal against orders dated 16-02-2007 and 16-07-2007
Following the High Court's order in ITA No.260/2001, an appeal was filed against Smt. Puttathayamma. The Court emphasized the need for proper adjudication by the civil court regarding the legal representatives of the deceased individual before further actions could be taken. The Tribunal's decision to await the civil court's outcome was deemed justified, leading to the dismissal of the appeal.

Issue 4: Disposal of appeal bearing ITA Nos.614-616/1997 by the Tribunal
The Tribunal, in its order dated 31-01-2007, set aside the issue to the Assessing Officer for fresh adjudication. It highlighted the burden of proof on the party alleging benami transactions and directed the Assessing Officer to provide relevant documents to the assessee for a fair resolution. The Tribunal allowed the appeals of the assessee for statistical purposes, emphasizing the need for proper opportunity and adherence to legal procedures.

Issue 5: Refusal to interfere with the Tribunal's order dated 31-01-2007
The High Court declined to interfere with the Tribunal's order dated 31-01-2007, emphasizing the importance of conclusively determining the issue of heirship. The Court upheld the Tribunal's decision not to interfere with its previous order, ensuring compliance with the directions issued for expeditious action post the civil court's adjudication.

In conclusion, the judgments and orders issued by the High Court and the Tribunal revolve around the proper resolution of legal disputes, adherence to legal procedures, and the significance of conclusive determinations regarding legal heirship in matters related to income tax assessments.