TaxTMI 
TaxTMI 
2026 (8) TMI 1182
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....eal: 1) In the facts and circumstances of the case and law, the Learned Commissioner of Income Tax- (Appeals)["the CIT(A)"] has erred in upholding the action of the Ld. Assessing Officer who erred in issuing notice under section 148 in the name of deceased assessee; which itself vitiates the entire re-assessment proceedings including the consequential assessment order- as held by the Hon'ble Jurisdictional High Court in the case of : a. Devendra vs.ACIT [2024] 461 ITR 463 (Bombay) b. Mary Gene Gracious vs. ITO [2025] 170 taxmann.com 82 (Bombay) c. Sumit Balkrishna Gupta vs. ACIT [2019] 414 ITR 292 (Bombay) and several other binding judicial precedents. 2) In the facts and circumstances of the case and law, the Learned CIT(A) has erred in dismissing the legal jurisdictional ground raised by the Appellant that the notice issued under section 148 was issued in the name of the deceased Assessee by holding that the said jurisdictional ground was a "technical and procedural" ground in gross contravention of the ratio laid down by Hon'ble Jurisdictional High Court in the case of Sumit Balkrishna Gupta vs. ACIT [2019] 414 ITR 292 (Bomba....
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....violating the express directions and binding guidelines [para 2.2 and others] issued by the Central Board of Direct Taxes on 01.08.2022. 8) In the facts and circumstances of the case and law, the Learned CIT(Appeals) has erred in upholding the action of the Ld. Assessing Officer who erred in initiating and concluding the reassessment proceedings in gross violation of the express provisions of section 151A and in express defiance of several binding judicial precedents of the Hon'ble Jurisdictional High Court. 9) In the facts and circumstances of the case and in law, the Ld. CIT(Appeals) has erred in upholding the action of the Ld. Assessing Officer who erred in framing the re-assessment under section 144 of the Act, despite the conditions precedent to invoke the said provision were not fulfilled in the facts and circumstances of the present case. 10) In the facts and circumstances of the case and in law, the Ld. CIT(Appeals) has erred in not adjudicating the ground that the Ld. Assessing Officer erred in assessing the Long Term Capital Gains of Rs. 33,18,820/- in the hands of the deceased Assessee, disregarding the factual and legal matrix of the case inte....
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....970/-. On the basis of information received from the Investigation Wing pursuant to a search conducted on 12.06.2023 in the cases of entities belonging to the Isprava Group and other persons, the Assessing Officer issued a notice dated 20.03.2024 under section 148 of the Act in the name of Shri Santanu Amalendu Nundy. 4. During the assessment proceedings, the authorised representative informed the Assessing Officer that Shri Santanu Amalendu Nundy had expired on 07.01.2022, prior to the issuance of the notice under section 148 of the Act. A copy of the death certificate was furnished on 05.11.2024. The assessment proceedings were, however, continued in the name of "Legal Heir of Late Santanu Amalendu Nundy". 5. The information received from the Investigation Wing related to the sale of an immovable property situated at Anjuna, Goa, jointly standing in the names of the deceased assessee and Ms. Blossom Nandi. The property was sold to M/s Casa Luxury Realty Seven LLP under a sale deed dated 24.12.2019 for a stated consideration of Rs. 84,73,500/-. Relying upon certain WhatsApp messages, a statement recorded under section 131A of the Act and other material found during the searc....
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....ling account to Shri Aniruddha Nandi. 10. On merits, the learned AR submitted that the property was purchased entirely out of funds contributed by Ms. Blossom Nandi. The name of the deceased assessee was included only for convenience. The property was subsequently sold to M/s Casa Luxury Realty Seven LLP. Though the purchaser divided the consideration between Ms. Blossom Nandi and the deceased assessee, the amount received in the deceased assessee's account was transferred to Ms. Blossom Nandi. She disclosed the entire capital gain and claimed the corresponding TDS credit in her return of income. The deceased assessee neither offered any capital gain nor claimed the TDS credit. 11. The learned AR further submitted that the sale proceeds were reinvested in another residential property purchased under an agreement dated 17.08.2021 for Rs. 65,03,339/-, the entire consideration for which was contributed by Ms. Blossom Nandi. 12. The learned AR further submitted that the notice under section 148 of the Act was invalid as it had been issued in the name of a deceased person and, therefore, the entire reassessment proceedings and the consequential assessment order were without jur....
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....nt and restored the issues on merits to the Assessing Officer for a de novo assessment. 17. In our considered view, the jurisdictional grounds raised by the assessee go to the very root of the reassessment proceedings and require specific adjudication before the additions on merits are examined. The power conferred upon the learned CIT(A) by the proviso to section 251(1)(a) of the Act to set aside an assessment made under section 144 of the Act is discretionary. The exercise of such power does not dispense with the obligation to adjudicate the substantive legal grounds raised in the appeal. A challenge to the very assumption of jurisdiction cannot be rejected merely by describing it as technical or procedural. 18. Further, section 250(6) of the Act requires the appellate order to state the points for determination, the decision thereon and the reasons for such decision. The impugned order does not contain a ground-wise examination of the legal objections or a reasoned conclusion regarding their effect upon the validity of the reassessment proceedings. If the jurisdictional challenge is ultimately found to be sustainable, the question of undertaking a fresh assessment on merit....