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Penalty proceedings for a default committed by a deceased - legal representatives - Levy of penalty u/s 271B for non-furnishing of Tax Audit Report within the prescribed time limit u/s 44AB r.w.s. 139(1) - The tribunal, after rejecting an adjournment request, proceeded to examine the legality of the penalty. It found that while penalty proceedings initiated during the lifetime of the deceased assessee could be recovered from the estate succeeded by the legal representative, imposing penalties on legal representatives for offenses committed by the deceased would be unjust. Citing relevant court decisions, the tribunal concluded that penalty proceedings abate upon the death of the assessee. Therefore, it allowed the appeal and directed the deletion of the penalty.
Penalty proceedings for a default committed by a deceased - legal representatives - Levy of penalty u/s 271B for non-furnishing of Tax Audit Report within the prescribed time limit u/s 44AB r.w.s. 139(1) - The tribunal, after rejecting an adjournment request, proceeded to examine the legality of the penalty. It found that while penalty proceedings initiated during the lifetime of the deceased assessee could be recovered from the estate succeeded by the legal representative, imposing penalties on legal representatives for offenses committed by the deceased would be unjust. Citing relevant court decisions, the tribunal concluded that penalty proceedings abate upon the death of the assessee. Therefore, it allowed the appeal and directed the deletion of the penalty.
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