TaxTMI 
TaxTMI 
2025 (6) TMI 59
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....at the assessee is an individual, who filed her return of income for the assessment year 2013-14 declaring total income of Rs. 2,05,030/-. Thereafter the assessee filed revised return of income declaring total income of Rs. 1,05,030/- after claiming deduction under Chapter VIA for an amount of Rs. 1,00,000/-. Information was received from the Directorate of Income Tax (Investigation), Kolkata that a large number of persons had taken accommodation entries in the form of bogus long-term capital gain through share transactions of penny stock companies listed with Bombay Stock Exchange. As per the information received, the assessee had transacted in shares of 'CCL International' during Financial Year 2012-13 and she is one of such beneficiaries....
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....the assessee. 4. On being aggrieved, the assessee preferred an appeal before the ITAT and raised the following issues:- (1) For that the ld. CIT(A) failed to consider that the entire reassessment proceeding is bad in law since the notice u/s 148 was issued and subsequently reassessment proceeding u/s 147 r.w.s. 144 was completed in the name of a deceased person. (2) For that the ld. CIT(A) failed to consider that the entire reassessment proceeding is barred by limitation. (3) For that the ld. CIT(A) ought to have held the entire reassessment proceeding is bad in law inasmuch as proper approval was not taken from the competent authority before initiation of the reassessment proceedings. (4) For that the....
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....see (Manju Goel) but the ld. CIT(Appeals) passed the order in the name of a death person. On this aspect, ld. Counsel for the appellant/legal heir placed reliance on the decision of the Hon'ble Delhi High Court in the case of Savita Kapila -vs.- ACIT reported in (2020) 118 taxmann.com 46 (Delhi), wherein the Court was of the view that - "in absence of a statutory provision, a duty cannot be cast upon legal representatives to intimate factum of death of assessee in the Income Tax Department. After all, there may be a case where the legal representatives are estranged from the deceased assessee or the deceased assessee may have bequeathed his entire wealth to a charity. Consequently, whether PAN record was updated or not or whether t....
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....of the Act for reassessment relating to escapement of income of late Manju Goel and such proceedings as has been initiated in the year 2020-21. Now the question before me is whether proceedings initiated against the deceased assessee Manju Goel was sufficient to continue proceedings of reassessment as regards the legal representative is a matter that requires to be answered. There is also no dispute as regards to the general proposition that proceedings against an assessee would continue even after his death as against his legal representative and there would be no abatement of such proceedings. However, in the present case on hand, the question is as regards to the initiation of proceedings against the legal representative of the deceased ....
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....on and non-service of notice does not come under the ambit of mistake, defect or omission. Apart from this, in this case, legal representative also intimated about the death of Manju Goel to the ld. Assessing Officer through Income Tax Portal, but it was not accepted and there is no service of notice. Apart from this, even before the 1st appellate proceedings, the appellant/legal heir brought to the notice of the ld. CIT(Appeals) about the death of the assessee, but ld. CIT(Appeals) has not even passed the appellate order in the name of legal heir. Therefore, Considering the facts and circumstances of the case and the ratio laid down by the Hon'ble Delhi High Court, I have no hesitation to come to a conclusion that the reassessment proceedi....