2025 (8) TMI 56 - HC - Income Tax

Proceedings started after death cannot continue against legal representatives under Section 159 if not begun during lifetime

Suman Vijay Ambati Versus Income Tax Officer Ward 1 & TPS, Karnataka, Principal Commissioner of Income Tax, Hubballi, National Faceless Assessment Centre, Delhi.

Proceedings initiated against a deceased person after their death cannot be continued against their legal representatives under Section 159. If ... Proceedings against the dead person - continued proceedings against the legal representatives - scope of Section 159 - HELD THAT:- As decided in SMT. PREETHI V, [2025 (1) TMI 1300 - KARNATAKA HIGH COURT] proceedings initiated against the Assessee by issuing notice after his demise cannot be continued against his/her legal representative. Had the proceedings been initiated against the Assessee during his life time, they could be continued against the legal representatives of the deceased Assessee. However, that is not the factual position here. Therefore, the order of the learned Single Judge cannot be faltered in quashing what were challenged before him. Under the circumstances, the proceedings initiated against the dead person in the instant case is liable to be set aside. ISSUES: Whether proceedings under the Income Tax Act, 1961 can be initiated posthumously against a deceased person.Whether proceedings initiated against a deceased assessee after death can be continued against the legal representatives.The scope and application of Section 159 of the Income Tax Act, 1961 concerning legal representatives' liability and continuation of proceedings.Whether fresh proceedings can be initiated against legal representatives after setting aside posthumous proceedings against the deceased.The applicability of limitation periods under Section 149(1)(b) proviso for issuing notices against legal representatives. RULINGS / HOLDINGS: Proceedings under the Income Tax Act, 1961 cannot be initiated posthumously against a deceased person; such proceedings are 'null & void.'Only proceedings initiated against the assessee during his lifetime can be continued against legal representatives; initiation after death is impermissible.Section 159 clearly states that 'any proceeding taken against the deceased before his death shall be deemed to have been taken against the legal representative,' but does not permit initiation of proceedings after death.Liberty to initiate fresh proceedings against legal representatives after quashing posthumous proceedings is not warranted if the limitation period has expired.Issuance of notice under Section 148 must comply with the time limits prescribed under Section 149(1)(b) proviso; notices issued beyond this period are invalid. RATIONALE: The Court relied on the statutory language of Section 159 of the Income Tax Act, 1961, which governs the liability and procedural rights of legal representatives of deceased assessees.The Court emphasized a strict textual interpretation rejecting any construction that would allow initiation of proceedings against a deceased person posthumously, noting the absence of such language in the statute.The principle that 'notice cannot be issued in the name of a dead person and such notice would be null and void' was supported by authoritative commentary from Kanga and Palkivala's The Law and Practice of Income Tax.The limitation provisions under Section 149(1)(b) proviso were applied to bar initiation of fresh proceedings against legal representatives where the statutory period had expired.The Court rejected the contention that legal representatives have a legal obligation to inform the Revenue of the death to enable fresh proceedings, noting no statutory provision mandates such duty.