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Income Tax - Highlights / Catch Notes

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Reopening of assessment u/s 147 - notice in the name of dead ...


Reopening Tax Assessments Not Permissible for Deceased: Section 147 & Section 292BB Explained.

July 18, 2020

Case Laws     Income Tax     HC

Reopening of assessment u/s 147 - notice in the name of dead person - the applicability of Section 292BB of the Act, 1961 has been held to be attracted to an assessee and not to legal representatives - Once the nature of the proceedings is made known and understood by the assessee, he should not be allowed to take advantage of certain procedural defects. That was the purpose behind the enactment of Section 292BB. It cannot be invoked in cases where the very initiation of proceedings is against a dead person.

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