The ITAT Raipur held that an order passed in the name of a ...

Deduction u/s 54F denied for deceased assessee. Legal heirs withheld info. Legal heirs must be given a chance to be heard.

June 1, 2024

Case Laws Income Tax AT

The ITAT Raipur held that an order passed in the name of a deceased assessee was invalid as legal heirs failed to disclose the death. Deduction u/s. 54F was denied as the deceased had not utilized sale proceeds for new property within the specified time. Section 159 requires compliance when an assessee dies during proceedings. Citing Dalumal Shyamumal case, the Tribunal declared the assessment order a nullity and directed a proper assessment. The order in the present case was deemed defective and null, criticizing the legal heirs for non-disclosure. The matter was remanded to CIT(A) for fresh consideration with legal heirs' involvement. Legal heirs must be given a chance to be heard. Appeal allowed for statistical purposes.

View Source

← Previous Next →

The ITAT Raipur held that an order passed in the name of a ...

Deduction u/s 54F denied for deceased assessee. Legal heirs withheld info. Legal heirs must be given a chance to be heard.

June 1, 2024

Case Laws Income Tax AT

You may also like:

Long-term capital gains deduction u/s 54F can be claimed for investment in a residential property not solely owned by the assessee. The assessing officer's sole...

Assessment in the name of the deceased assessee - liability of legal heir - After the death of the assessee, his legal heir was not brought on the record and no notice...

Dishonour of Cheque - legal heir of deceased - substitution of the opposite party (deceased complainant) - It is the case of the petitioner that the opposite party is...

Assessment proceedings against one of the legal heirs - deceased/assessee had admittedly more than one legal representatives - Despite the legal heir's explicit...

ITAT ruled that notice under section 143(2) issued in the name of deceased assessee Smt. S was invalid, despite participation of legal heirs in assessment proceedings....

Penalty u/s 271(1)(c) - failure on the part of legal heir of the deceased assessee to explain the source of part of the deposits - The mere failure on the part of the...

The ITAT, an Appellate Tribunal, addressed an appeal filed in the name of a deceased person without proper mention of the legal heir. The appeal was dismissed due to the...

Cancellation of Registration Certificate - legal heirs - deemed dealer on the death of dealer - When it is an admitted fact that the petitioner is a legal heir of the...

Reopening proceedings against deceased assessee - proceedings against legal representatives of the deceased assessee - The High court observed that the legal...

The case discusses the validity of proceedings against the legal representatives of a deceased assessee when reopening notices in the name of the assessee have expired....

Validity of order passed u/s. 147 against deceased assessee - Citing Section 159(2) of the Act and judicial precedents, the Tribunal emphasized that no order can be...

The assessee claimed exemption/deduction u/s 54F on account of investing long-term capital gains in a new residential house. The PCIT disallowed the claim, considering...

The High Court quashed an order passed against a deceased person, holding it a nullity. Section 93 of the CGST/SGST Act permits continuance of proceedings against legal...

Recovery of arrears of sales tax and penalty from the Legal Heirs of deceased - - The impugned order contains a fatal flaw insofar as it is addressed to the petitioner...

Diversion of income by way of overriding title - legal heirs of the deceased partner was paid a sum as per the partnership deed - Diversion of income at source can take...

Quick Updates: