2024 (11) TMI 1368 - AT - Income Tax

Validity of order in the name of non-existent person - CIT(A) has passed ex parte order - HELD THAT - We quash the assessment order since the AO issued notice u/s. 143(2) and passed order u/s 144 in the name of deceased and non-existent assessee whereas the AO had information about the death of the assessee before passing order u/s 144 of the Act. Accordingly the assessment order passed in the name of deceased and non-existent assessee is not a valid order passed in the eyes of law. Accordingly we quash the assessment order. Appeal by the assessee is allowed.

Issues Involved:

1. Validity of the order passed on a deceased/non-existent person.
2. Non-compliance with principles of natural justice and legal requirements.
3. Improper service of notice in assessment and appellate proceedings.
4. Erroneous addition of Rs. 1,57,00,000 to the income.
5. Applicability of Section 68 of the Income Tax Act, 1961.
6. Use of Annual Information Report without providing details to the assessee.
7. Liability to pay interest.

Detailed Analysis:

1. Validity of the Order Passed on a Deceased/Non-Existent Person:

The primary issue raised was the validity of the assessment order passed in the name of a deceased person. The appellant argued that the order was unsustainable as it was issued after the death of the assessee on 25.07.2015, and the return was filed by the legal representative (L/R). The tribunal noted that the AO was aware of the death of the assessee before passing the order and failed to incorporate the name of the L/R properly. The tribunal relied on precedents, including the Delhi High Court judgment in Vikram Bhatnagar v. ACIT, which held that a notice issued to a deceased person is null and void. Consequently, the tribunal quashed the assessment order.

2. Non-Compliance with Principles of Natural Justice and Legal Requirements:

The appellant contended that the impugned order was bad in law due to non-compliance with the principles of natural justice and legal requirements. The tribunal observed that the CIT(A) passed an ex parte order without considering the evidence submitted by the L/R. The tribunal emphasized that the failure to adjudicate on the legal issue raised regarding the deceased status of the assessee constituted a breach of natural justice.

3. Improper Service of Notice:

The appellant argued that there was no confirmation of service of notice to the assessee, violating the stipulated procedures. The tribunal noted that the AO did not follow the proper procedure for notifying the L/R, which further invalidated the assessment proceedings.

4. Erroneous Addition of Rs. 1,57,00,000 to the Income:

The tribunal examined the addition of Rs. 1,57,00,000 under Section 68 of the Income Tax Act, 1961, which was made based on cash deposits in the bank account. The L/R argued that the credit was duly explained, and the addition was erroneous. The tribunal found that the AO failed to consider the explanations and evidence provided by the L/R, rendering the addition baseless.

5. Applicability of Section 68 of the Income Tax Act, 1961:

The appellant challenged the applicability of Section 68, asserting that there was no unexplained credit. The tribunal agreed, noting that the AO did not provide the appellant with an opportunity to explain the credits, thus violating the principles of natural justice.

6. Use of Annual Information Report without Providing Details:

The appellant argued that the AO relied on the Annual Information Report without sharing details for rebuttal, affecting the cash flow analysis. The tribunal found this approach erroneous, as it did not allow the appellant to contest the information used against them.

7. Liability to Pay Interest:

The appellant denied liability for interest, claiming it was levied erroneously. Given the quashing of the assessment order, the tribunal concluded that the interest demand was also unsustainable.

Conclusion:

The tribunal quashed the assessment order, deeming it invalid as it was passed in the name of a deceased person without proper adherence to legal procedures. The appeal by the assessee was allowed, emphasizing the importance of compliance with procedural norms and principles of natural justice in tax proceedings.

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