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The HC allowed a petition filed by the deceased's son seeking refund as legal representative. The respondent erroneously rejected the petitioner's claim by questioning his capacity as legal representative of the deceased assessee. The Court held that the petitioner, being the deceased's son, clearly falls within the definition of "legal representative" under Section 2(29) of the IT Act and Section 2(11) of the CPC. The unchallenged will dated 28/07/1996 further supported his legal standing. Relying on Raghunathdas Kakani, the Court noted that IT Act provisions create a legal fiction keeping the deceased alive for tax purposes, making the legal representative responsible for payment. The respondent's doubt regarding petitioner's capacity was deemed erroneous, and the petition was allowed with the assessment claim accepted.
The HC allowed a petition filed by the deceased's son seeking refund as legal representative. The respondent erroneously rejected the petitioner's claim by questioning his capacity as legal representative of the deceased assessee. The Court held that the petitioner, being the deceased's son, clearly falls within the definition of "legal representative" under Section 2(29) of the IT Act and Section 2(11) of the CPC. The unchallenged will dated 28/07/1996 further supported his legal standing. Relying on Raghunathdas Kakani, the Court noted that IT Act provisions create a legal fiction keeping the deceased alive for tax purposes, making the legal representative responsible for payment. The respondent's doubt regarding petitioner's capacity was deemed erroneous, and the petition was allowed with the assessment claim accepted.
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