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Income Tax - Highlights / Catch Notes

Home Highlights February 2022 Year 2022 This

Validity of Reopening of assessment u/s 147 - notice issued to ...


Notice for Reopening u/s 147 Cannot Be Issued to Deceased; Must Be Sent to Legal Heir for Validity.

February 22, 2022

Case Laws     Income Tax     HC

Validity of Reopening of assessment u/s 147 - notice issued to dead person - curable defect u/s 292B or not ? - The assessee on whom the notice must be sent must be a living person i.e legal heir of the deceased assessee, for the same to be responded. This in fact is the intent and purpose of the Act. Therefore, Section 292B of the Act cannot be invoked to correct a foundational / substantial error as it is meant so as to meet the jurisdictional requirement. - HC

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