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of <h1>Notice Under Section 148 of Income Tax Act Invalid for Deceased Without Legal Representation Participation</h1> <h3>Himadri Kandarp Mehta L/H of Late Kandarp Yashashvibhai Mehta Versus The Income Tax Officer</h3> Himadri Kandarp Mehta L/H of Late Kandarp Yashashvibhai Mehta Versus The Income Tax Officer - [2023] 457 ITR 92 (Guj) Issues:1. Validity of notice under Section 148 of the Income Tax Act, 1961 issued to a deceased person.2. Legal implications of subjecting a dead person to assessment proceedings.3. Interpretation of Section 292B of the Income Tax Act in cases involving deceased individuals.Analysis:1. The petitioner filed a petition under Article 226 of the Constitution challenging a notice issued under Section 148 of the Income Tax Act, 1961 to reopen the assessment of a deceased individual. Despite the petitioner, being the legal heir, informing the authorities about the death of the assessee, subsequent notices were issued, leading to the question of the validity of such proceedings.2. The High Court referred to a previous judgment where it was established that assessment proceedings against a deceased person are invalid unless their legal representatives actively participate in the process. The Court emphasized that mere intimation of the death of the assessee does not constitute legal representation, rendering the proceedings null and void.3. Section 292B of the Income Tax Act, which deems notice valid under certain circumstances, was analyzed. The Court clarified that this provision does not apply when notices are issued to deceased individuals. It was held that proceedings against a dead person lack jurisdiction and are considered a legal defect rather than a procedural irregularity.4. In the present case, the Court found that the legal representative did not submit to the jurisdiction of the income tax authorities or participate in the proceedings. As a result, the notice issued to the deceased assessee was deemed illegal and set aside. The Court emphasized that no assessment can be framed against a deceased individual, and the income tax authorities were barred from proceeding further in this matter.5. The judgment concluded by setting aside the notice dated 12.03.2019 and prohibiting the income tax authorities from continuing the assessment against the deceased assessee. The ruling clarified the legal stance on conducting assessment proceedings involving deceased individuals and highlighted the importance of legal representation in such cases.This detailed analysis of the judgment provides a comprehensive understanding of the legal issues involved and the Court's decision regarding the validity of assessment proceedings against deceased individuals under the Income Tax Act, 1961.
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