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Income Tax - Highlights / Catch Notes

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Validity of Reassessment proceedings - notice u/s. 148A(b) ...


Reassessment Proceedings in Deceased Assessee's Name Valid; Writ Petition Dismissed, Appeals Suggested.

March 13, 2024

Case Laws     Income Tax     HC

Validity of Reassessment proceedings - notice u/s. 148A(b) issued in the name of a dead assessee - The High court acknowledges that the petitioner failed to inform the department about the death of the original assessee and did not produce the death certificate. It notes that the assessment proceedings have concluded, and the final assessment order has been passed. - The court emphasizes that when a statutory remedy is available, a writ petition cannot be entertained except in exceptional circumstances. It holds that since the proceedings under Section 148 have attained finality, it is inappropriate to entertain the writ petition at this stage. - The court dismisses the petition with liberty to the petitioner to take recourse to the statutory remedy of appeal.

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