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    <title>2019 (9) TMI 356 - GUJARAT HIGH COURT</title>
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    <description>Reassessment proceedings under the Income-tax Act were initiated by issuing a notice under s.148 in the name of a deceased assessee. The HC held the case did not fall within s.159(2)(a), and therefore proceedings commenced on a notice issued to a dead person could not be continued against the legal representatives. Section 292B could not cure this defect because a notice to a non-existent person is a jurisdictional nullity, not a mere mistake, defect, or omission conforming to the Act&#039;s intent. Participation by the legal representative did not validate the void initiation, and contrary authorities were distinguished as fact-specific. The reassessment proceedings were quashed and relief granted to the assessee&#039;s side.</description>
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    <pubDate>Tue, 27 Aug 2019 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=385588</link>
      <description>Reassessment proceedings under the Income-tax Act were initiated by issuing a notice under s.148 in the name of a deceased assessee. The HC held the case did not fall within s.159(2)(a), and therefore proceedings commenced on a notice issued to a dead person could not be continued against the legal representatives. Section 292B could not cure this defect because a notice to a non-existent person is a jurisdictional nullity, not a mere mistake, defect, or omission conforming to the Act&#039;s intent. Participation by the legal representative did not validate the void initiation, and contrary authorities were distinguished as fact-specific. The reassessment proceedings were quashed and relief granted to the assessee&#039;s side.</description>
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      <pubDate>Tue, 27 Aug 2019 00:00:00 +0530</pubDate>
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