2025 (11) TMI 1383 - AT - Income Tax

Reassessment in Deceased's Name Saved by s.159(1)/(3) IT Act, Yet Remanded for Hearing Heirs Afresh

ITAT held that where reassessment was initiated in the name of a deceased assessee without the AO's knowledge of the death and without any intimation from ... Assessment order in the name of a deceased person without bringing the legal heir of the assessee on record - Levy of penalty u/s 271C - addition u/s 69A - sums deposited in bank account and Fixed deposits in names of family members - HELD THAT:- As per sub-section (1) of section 159 of the Act, where a person dies, his legal representative shall be liable to pay any sum which the deceased would have been liable to pay if he had not died. As per sub-section (3) of the said section, the legal representative of the deceased shall be deemed to be an assessee. Hence, the legal representative of the deceased person is required to file the income tax return on his/her behalf for the income earned as representative assesses of the deceased person. Accordingly, it cannot be stated that there is no legal obligation on part of legal heir of the assessee, under any circumstance whatsoever, to give any intimation regarding the death of the assessee to the Income Tax Department. If the facts reveal that legal heir of the assessee were aware about ongoing assessment proceedings, and chose not to participate knowingly and neither did they inform the Assessing Officer, then the assessment proceedings cannot be set aside as being non-est. Now coming to the facts of the present case, we observe that the assessee had since expired in 2013 and re-assessment proceedings were initiated in 2018. However, legal heir of the assessee did not inform the concerned AO regarding the death of the assessee nor was the PAN of the assessee surrendered. Accordingly, in so far as the AO is concerned, there is nothing on record to show that he was aware of the death of the assessee at the time of initiation of re-assessment proceedings. On the other hand, legal heir of the assessee submitted it was only when the bank accounts and Fixed Deposits of the assessee were attached that they came to know about passing of assessment order. There is nothing on record to show the legal heir of the assessee had knowledge about on-going reassessment proceedings. Accordingly, here we have a situation where on one hand the AO was not was aware of the death of the assessee at the time of initiation of re-assessment proceedings or at the time of passing of assessment order and legal heir of the assessee had no knowledge about on-going reassessment proceedings. In such a situation, we are of the considered view that it would not be correct to hold that assessment order should be set aside as being non-est, in view of the specific language of section 159(1) and (3) of the Act. Such a situation, in our view would arise, when the Assessing Officer despite having prior intimation does not bring the legal heir of the assessee on record. Accordingly, specific language of section 159(1) and (3) of the Act, and the alternate contention of the Counsel for the assessee, we deem it proper to set aside the matter to the file of the AO for purpose of bringing the legal heirs of the assessee on record and pass appropriate orders after giving due opportunity of hearing and to place on record materials/ evidences in support of the case. Appeal of the assessee is allowed for statistical purposes. ISSUES PRESENTED AND CONSIDERED 1. Whether reassessment proceedings initiated by issuance of notice under section 148 and consequent assessment completed under section 144/147 are void ab initio where the notice was issued in the name of an individual who had died prior to issuance of the notice. 2. Whether legal heirs have a statutory obligation to inform revenue authorities about the death of an assessee, and whether absence of such intimation, coupled with non-surrender of PAN and non-participation, renders reassessment proceedings void. 3. Whether an appellate authority is obliged to afford further opportunity of hearing (principles of natural justice) where appeals were decided ex parte after repeated opportunities were provided but the legal heirs contend non-compliance due to death of the assessee and his tax agent. 4. Whether additions on account of bank cash deposits and jointly held fixed deposits/interest can be sustained as unexplained income under sections 69/69A (and related provisions) in the absence of supporting evidence, and whether penalty under section 271(1)(b) can be sustained for concealment or inaccurate particulars when the assessment itself is challenged as void. 5. Whether delay in filing the present appeal (536 days) is condonable on the grounds of death of the assessee and non-service of notices on legal heirs and the deceased tax agent. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Validity of reassessment proceedings issued in the name of a deceased person Legal framework: Reassessment is governed by sections 147/148 (initiation) and section 144 (assessment in absence of explanation). Section 159(1) and (3) deem the legal representative liable for tax liabilities of a deceased person and treat the legal representative as the assessee to the extent provided. Precedent Treatment: The parties relied on tribunal and high court decisions adopting the proposition that proceedings against a deceased person are invalid; the tribunal considered those authorities but emphasized that their ratio applies only where parity of facts is established. Interpretation and reasoning: The Tribunal analysed whether the Assessing Officer had knowledge of the assessee's death at the time of initiation and completion of proceedings. It held that automatic application of precedents invalidating assessments made in the name of a deceased person is inappropriate where the Assessing Officer was not aware of the death and legal heirs had not put the department on notice. The statutory language of section 159(1) and (3) indicates that legal representatives are liable and deemed to be assessee-representatives; thus, where the department lacks knowledge of death, initiation of proceedings in the name of the deceased may be permissible, subject to later bringing legal heirs on record. Ratio vs. Obiter: Ratio - An assessment passed in the name of a deceased person is not per se void where the Assessing Officer had no knowledge of the death and the legal heirs did not place themselves on record; instead, such proceedings should be regularised by bringing legal heirs on record and affording opportunity. Obiter - Critique of cases where prior intimation was present and Assessing Officer still proceeded without bringing heirs on record. Conclusions: The Tribunal declined to hold the reassessment void ab initio on the undisputed fact of death alone. Instead, it set aside the matter to the Assessing Officer to bring legal heirs on record and pass appropriate orders after opportunity of hearing. Issue 2 - Obligation of legal heirs to inform revenue and effect of non-surrender of PAN/non-participation Legal framework: Section 159 imposes liability on legal representatives and contemplates their status as assessee; statutory scheme contemplates representation and filing by legal representatives. Precedent Treatment: Earlier decisions were noted to hold no absolute obligation on legal heirs to intimate death; the Tribunal stressed that such precedents depend on factual matrix and cannot be mechanically applied. Interpretation and reasoning: The Tribunal concluded that there is a duty on legal heirs to file returns and act as representative assesses under section 159; where legal heirs had knowledge of proceedings and chose not to participate or surrender PAN, they cannot later challenge proceedings as void. Conversely, where neither the Assessing Officer nor the legal heir had knowledge of proceedings (evidenced by attachment of assets being the first intimation), the proper course is to direct the AO to bring legal heirs on record and re-adjudicate with an opportunity. Ratio vs. Obiter: Ratio - Legal heirs may bear an obligation to act under section 159 and lack of intimation is relevant to whether an AO's ignorance of death is excusable; factual awareness of proceedings by heirs precludes later nullification. Obiter - Observations on practice where revenue cannot always know the status of the assessee. Conclusions: Non-intimation by legal heirs does not automatically invalidate proceedings; the appropriate remedial step where death was not communicated and AO was unaware is restoration to the AO to regularise proceedings by bringing legal heirs on record and granting hearing. Issue 3 - Duty to afford opportunity and validity of ex parte appellate decision Legal framework: Principles of natural justice require effective prosecution of appeals and opportunity to be heard; appellate authorities may proceed ex parte where opportunities given are not availed. Precedent Treatment: The CIT(A)'s approach that filing an appeal requires effective prosecution and that repeated non-compliance permits ex parte disposal was accepted by the Tribunal as a correct statement of principle. Interpretation and reasoning: The Tribunal noted the appellate record showing repeated notices between 2021-2023 and non-compliance by the appellant's representatives, leading to ex parte disposal at the appellate stage. However, because the primary contention before the Tribunal concerned jurisdictional defects arising from death and procedural regularity, the Tribunal elected restoration to the AO rather than simply endorsing the ex parte dismissal. Ratio vs. Obiter: Ratio - Where an appellant fails to prosecute an appeal despite repeated opportunities, an appellate authority may adjudicate ex parte. Obiter - Where jurisdictional issues of death and representation exist, remedy by restoration to AO for regularisation may be appropriate even if appeal was not prosecuted. Conclusions: The Tribunal upheld the principle permitting ex parte disposal for non-prosecution but directed restoration to AO to address jurisdictional/representation defects and to afford legal heirs opportunity to participate. Issue 4 - Sustainment of additions from bank deposits and jointly held FDRs and levy of penalty under section 271(1)(b) Legal framework: Additions for unexplained cash deposits/investments invoke sections treating unexplained investments/deposits as income unless satisfactorily explained; penalty under section 271(1)(b) penalises concealment or furnishing inaccurate particulars. Precedent Treatment: The assessee contended reliance on authorities that bank deposits alone do not constitute reason to believe income has escaped; the Tribunal acknowledged such jurisprudence but refrained from finally adjudicating the merits because it restored the matter to the AO for regular adjudication after bringing heirs on record. Interpretation and reasoning: On facts, the AO had made additions for cash deposits and jointly held FDRs in absence of any explanation, and CIT(A) upheld those additions due to non-filing of explanations. The Tribunal did not decide the substantive correctness of additions or penalty on merit, observing that material/evidence should be placed before AO by the legal heirs once brought on record and that penalty proceedings are consequential and therefore restored alongside quantum for fresh consideration. Ratio vs. Obiter: Obiter - The Tribunal did not lay down definitive law on the correctness of additions or penalty but directed re-adjudication so that merits (explanation of agricultural income, past savings, joint ownership) and precedential positions may be considered by AO. Conclusions: Additions and penalty were not finally adjudicated; both were restored to the Assessing Officer for fresh consideration after the legal heirs are brought on record and given opportunity to produce evidence. Issue 5 - Condonation of delay in filing appeal Legal framework: Judicial approach requires liberal view to condone delay where sufficient cause shown to advance substantial justice. Precedent Treatment: The Tribunal applied the established liberal approach in condonation applications where delay is explained by circumstances beyond control. Interpretation and reasoning: The Tribunal found the death of the assessee (2013), subsequent non-service of notices on legal heirs, and death of the erstwhile chartered accountant to constitute sufficient cause for 536-day delay. These circumstances prevented timely knowledge and compliance by the legal heir, who acted upon becoming aware of attachments. Ratio vs. Obiter: Ratio - Delay was condoned on facts; the general proposition that death of principal actors and resultant non-service may constitute sufficient cause was applied factually. Conclusions: Delay of 536 days was condoned and appeal admitted for adjudication on merits (subject to directions to restore quantum and penalty to AO for regularisation and hearing). Overall Disposition The Tribunal allowed the appeals for statistical purposes by condoning delay, set aside the remedial orders to the Assessing Officer with directions to bring legal heirs on record, grant opportunity of hearing, and re-adjudicate both quantum (additions under sections relating to unexplained deposits/investments) and penalty afresh in accordance with law and on the basis of materials produced by the legal heirs. The Tribunal did not pronounce a final view on the substantive correctness of the additions or penalty, reserving these matters for fresh consideration by the Assessing Officer.