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        Case ID :
        Income Tax

        ITAT set aside CIT(A)'s order passed against deceased assessee...

        ITAT sets aside order passed in deceased assessee's name without involving legal representatives under Rule 29

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                ITAT set aside CIT(A)'s order passed against deceased assessee where proceedings continued without involving legal representatives. CIT(A) issued four notices after assessee's death despite AO being informed of death through letter dated 18.6.2018 with death certificate and will. CIT(A) passed order on 8.6.2023 in name of assessee who died on 8.9.2018, rendering order unsustainable. Legal representatives were denied opportunity to present case before CIT(A). ITAT admitted additional evidence under Rule 29 including bank statements, sale deeds, and will copies. Matter remanded to CIT(A) with directions to consider additional evidence and decide afresh after providing reasonable hearing opportunity to legal representatives. Appeal allowed for statistical purposes.
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