Legal representative held liable under s.159(1)-(2)(b) for deceased's tax; assessments maintained, matter remitted for fresh merits

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The HC held that under s.159(1)-(2)(b) the legal representative is liable for tax liabilities of the deceased and proceedings capable of being taken against the deceased may be continued against the legal representative. The court found no merit in challenges to jurisdiction or limitation of notices issued post-death, observing the petitioner failed to notify the Department of the death; assessments properly remained in the name of the deceased with liability to be fastened on legal representatives. The HC rejected jurisdictional/limitation pleas to the extent raised, quashed the impugned orders, and remitted the matter to the 1st respondent for a fresh merits adjudication; the remand bars relitigation of limitation or jurisdiction.....