Blocked input tax credit for resort construction remains unavailable; interest follows actual utilisation, while delayed payment attracts statutory pe...
Duplicate PAN allocation requires record verification and deactivation reasons before assessment-related transactions can be attributed to an assessee...
Faceless assessment safeguards require requested personal hearings and adequate final show-cause response time, failing which reassessment is required...
The issue pertains to the validity of reopening proceedings against a deceased assessee. It was held that the issuance of a notice u/s 148 of the Act is the foundation for reopening an assessment, and the sine qua non for acquiring jurisdiction is that such notice should be issued in the name of the correct person. Issuing a notice to a deceased person is not merely a procedural defect but a condition precedent for the notice's validity. The defect cannot be cured u/s 292BB, as this provision applies when the assessee is aware of the proceedings but takes advantage of defective notices. In cases where the initiation itself is against a deceased person, Section 292BB cannot be invoked. The decision was in favor of the assessee, and the matter was decided by the Appellate Tribunal.
The issue pertains to the validity of reopening proceedings against a deceased assessee. It was held that the issuance of a notice u/s 148 of the Act is the foundation for reopening an assessment, and the sine qua non for acquiring jurisdiction is that such notice should be issued in the name of the correct person. Issuing a notice to a deceased person is not merely a procedural defect but a condition precedent for the notice's validity. The defect cannot be cured u/s 292BB, as this provision applies when the assessee is aware of the proceedings but takes advantage of defective notices. In cases where the initiation itself is against a deceased person, Section 292BB cannot be invoked. The decision was in favor of the assessee, and the matter was decided by the Appellate Tribunal.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
