Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Reassessment initiated after the assessee's death is a...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representative.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Reassessment initiated after the assessee's death is a jurisdictional defect when proceedings continue against a deceased person; the assessment and consequential notices in such circumstances must be set aside and reassessment may be re-initiated only after complying with statutory formalities. Where the Revenue lacked knowledge of death at the time notice was issued, discovery of death requires corrective procedural steps. If a written request to identify legal representatives and heirs is ignored for seven days, the Revenue may treat the petitioner as the deceased's legal representative and proceed against that petitioner, with such proceedings not being vulnerable for nonimpleading other heirs.
Reassessment initiated after the assessee's death is a jurisdictional defect when proceedings continue against a deceased person; the assessment and consequential notices in such circumstances must be set aside and reassessment may be re-initiated only after complying with statutory formalities. Where the Revenue lacked knowledge of death at the time notice was issued, discovery of death requires corrective procedural steps. If a written request to identify legal representatives and heirs is ignored for seven days, the Revenue may treat the petitioner as the deceased's legal representative and proceed against that petitioner, with such proceedings not being vulnerable for nonimpleading other heirs.
Note: It is a system-generated summary and is for quick reference only.