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TMI Blog2024 (11) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... ee, the respondents ought to have proceeded against the Official Assignee as per the relevant provisions since the original assessee was already declared as an Insolvent by this Court (Insolvency Court). As respondents submitted that some portion of the assets have also been transferred or mutated in the name of the petitioner or the other legal heirs and that notices were also issued against the other legal heirs of the deceased. If that is the case of the respondents, the right course available to the respondents is to file a petition before this Court (Insolvency Court) to set aside the same and seek for a direction against the Official Assignee to take over the assets in accordance with law. Once the assets were taken over by the Official Assignee and the assessee was declared as an insolvent, the respondents can very well approach the Official Assignee for seeking their remedy. It is upto the Official Assignee to consider the claims and distribute the proceeds in accordance with law. Accordingly, the impugned orders passed by the respondents are quashed and these writ petitions are allowed. - HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY For the Petitioner : Mr. Suhrith Parthasa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and consequently directing the respondents to complete the reassessment initiated against her husband. Since the very invocation of Section 263 of the Act was without jurisdiction, she filed the above W.P. No. 8702 of 2022 before this Court seeking to quash the order dated 29.03.2022 passed by the PCIT and in which, an interim order was passed holding that the proceedings may go on by providing an opportunity of hearing to the petitioner and that any decision taken would be subject to the result of the above writ petition. While so, on 30.03.2023, an assessment order was passed under Section 147 r/w. Section 263 r/w. Section 144 of the Act adding a sum of Rs. 338,42,95,000/- to the income of her husband. 3. It is the further case of the petitioner that since the very invocation of proceedings under Section 263 of the Act in the name of a dead person was without jurisdiction, the consequential assessment order dated 30.03.2023, which was passed in the name of her husband, was also without jurisdiction. Aggrieved by the said order, the petitioner has filed the above W.P. No.12914 of 2023 seeking to quash the above assessment order dated 30.03.2023. While so, the petitioner received ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocation of proceedings under Section 263 of the Act in the name of a dead person was itself passed without jurisdiction, the consequential assessment order dated 30.03.2023, which was passed in the name of her husband, was unsustainable. Therefore, the petitioner has filed the above W.P. No.12914 of 2023 seeking to quash the above assessment order dated 30.03.2023 and thereafter, the petitioner received two notices under Section 226 (3) of the Act dated 15.04.2024 attaching two bank accounts of the petitioner with respect to the demands raised consequent to the assessment order passed on 30.03.2023. Aggrieved by the notices issued under Section 226 (3) of the Act, the petitioner has filed W.P. Nos. 11876 and 11879 of 2024 before this Court and this Court by order dated 28.06.2024 disposed of those writ petitions directing the respondents to consider and dispose of the petitioner s representation. 6. The learned counsel for the petitioner further submitted that on receipt of the letter dated 11.07.2024 issued by the respondents calling for certain details related to her husband, the petitioner issued a reply on 23.07.2024 stating the details of her husband s bank account and the amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 came to be issued by the Income Tax Department in the name of her husband for the assessment year 2012-13. Upon receipt of the information that the above notice has been issued to a dead person, the Department dropped the proceedings. Again on 12.03.2022, a notice was issued by the Principal Commissioner of Income Tax under Section 263 of the Act in the name of her husband. Thereafter, on 29.03.2022, the PCIT passed an order under Section 263 of the Act setting aside the order made under Section 152 (2) of the Act on 26.12.2019 and consequently directing the respondents to complete the reassessment initiated against her husband. Challenging the said notice, the petitioner filed W.P. No. 8702 of 2022 before this Court seeking to quash the order dated 29.03.2022 passed by the PCIT and an interim order was passed by this Court holding that the proceedings may go on by providing an opportunity of hearing to the petitioner and that any decision taken would be subject to the result of the above writ petition. Thereafter, on 30.03.2023, an assessment order was passed under Section 147 r/w. Section 263 r/w. Section 144 of the Act adding a sum of Rs. 338,42,95,000/- to the income of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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