2022 (8) TMI 1178

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....ssment order framed u/s. 143(3)/147/263 of the Income-tax Act, 1961 (hereinafter referred to as the 'Act') dated 12.06.2014 by the DCIT, Circle-47, Kolkata. 2. The assessee has raised the following common grounds of appeal for the AY 2007-08:- 1. FOR THAT in the instant case the reason recorded for reopening is bad in law as the notice of reopening has no legs to stand and the edifice built on the basis of such invalid notice must fall. 2. FOR THAT Ld. CJT(A) was not justified in not dealing with the points of law in proper perspective and he has not correctly appreciated the appellant's arguments on legality of the proceedings. 3. FOR THAT the assumption of jurisdiction to reassess the case is bad in law i....

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....ovides a procedure for dealing with cases where the death of a party or insolvency has taken place. For the facility of reference, we take note of this Rule which reads as under:- "26. Continuation of proceedings after the death or adjudication of a party to the appeal.- Where an assesses whether he be the appellant or the respondent to an appeal dies or is adjudicated insolvent or in the case of a company is being wound-up, the appeal shall not abate and may, if the assessee was the appellant, be continued by, and if he was the respondent be continued against, the executor, administrator or other legal representative of the assessee or by or against the assignee, receiver or liquidator, as the case may be." 5. A perusal of this....