TaxTMI 
TaxTMI 
TaxTMI 
2026 (1) TMI 1188
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.... 2. The assessee has raised the following grounds of appeal: "(1) That on facts, and in law, the learned CIT(A) has grievously erred in confirming the addition of Rs. 66,77,877/- made towards computation of LTCG by adopting a different FMV as on 01/04/1981. (2) That on facts, and in law, the learned CIT(A) has grievously erred in partly confirming the addition of Rs. 2,52,73,040/- made by disallowing the claim of deduction u/s 54B of the Act. (3) That on facts, in law, and on evidence on record, the entire addition ought to have been deleted, as prayed for. (4) The appellant craves leave to add, alter, amend any ground of appeal." 3. The brief facts of the case are that the assessee Late Shri Ranjitsin....
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.... deduction allowable under section 54F at Rs. 29,00,637/-. The CIT(Appeals) accordingly partly allowed the appeal of the assessee. 5. The assessee is in appeal before us against the order passed by CIT(Appeals) dismissing the appeal of the assessee. 6. When the matter came before us, the learned counsel for the assessee raised an Additional Legal Ground contending that the assessment order was passed in the name of a deceased person. It was brought to our notice that Late Shri Ranjitsinh B. Vaghela had expired on 02-10-2012, while the assessment order was passed nearly two and a half years thereafter, on 26-03-2015. It was contended that a letter dated 26-02-2015 had been filed before the Assessing Officer informing him of the assesse....
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....i Umedbhai Patel (Deceased) By L/H Smit Ashwinbhai Patel in ITA Nos. 1105 & 1106/Ahd/2025 (Order dated 30-09-2025), the assessee had not filed a return of income. Reassessment proceedings under section 147 were initiated on the basis of bank information, and notice under section 148 was issued. The assessee had expired prior to initiation of reassessment. The legal heir did not intimate the death of the assessee to the Department, nor was the PAN surrendered. The notices were issued electronically to the deceased assessee's Chartered Accountant's e-mail address. Thereafter, the assessment was completed and penalty proceedings were initiated. The CIT(A) dismissed the appeal ex parte. When the matter reached the Tribunal, the legal heir raise....
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.... Prasanna Prabhakaran (L/H of Late Vasava Panicker Prabhakaran) in ITA No. 1741/Ahd/2024 (order dated 24-09- 2025) the assessee had not filed a return and reassessment was initiated based on bank information. A Notice u/s 148 was issued when the assessee was alive. During the course of assessment, the assessee expired. The son/legal heir responded in an online communication stating that the assessee had expired, but no death certificate or legal heir details were filed for several months. Only at the fag end of limitation was the death certificate uploaded even then, particulars of legal heirs required for section 159 compliance were never furnished. The Assessing Officer, with no legal heirs on record and with limitation expiring, passed t....
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....ndered. No valid or verifiable intimation of death was placed on record before the Assessing Officer. Even the alleged letter dated 26-02-2015 relied upon by the assessee has not been shown to be an effective or legally cognizable intimation. Therefore, the Assessing Officer cannot be held to have acted with knowledge that the assessee was deceased. 15. Following the ratio of Late Ashvinbhai Umedbhai Patel (supra), where the Tribunal held that the Assessing Officer cannot be penalised for lack of knowledge of death where legal heirs failed to inform promptly, and the ratio of Prasanna Prabhakaran (supra), where the Tribunal held that passing an assessment order on a deceased person during ongoing proceedings is an irregularity and not an....