LATE RADHA BALASUBRAMANYAM SALLA L/R BY BALASUBRAMANYAM S.M.,HYDERABAD vs. INCOME TAX OFFICER, WARD-6(3), HYDERABAD

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ITA 762/HYD/2019Status: DisposedITAT Hyderabad14 April 2021AY 2013-142 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the order of the Pr. CIT and remanded the issue to the file of the CIT. The CIT was directed to re-issue notice to the legal heir and provide a fair opportunity of hearing before deciding the issue.

What were the facts?

The assessee passed away after the initiation of proceedings under Section 263 but before the CIT passed the order. The legal heir was not given an opportunity to represent the case.

What were the issues?

Whether the order passed under Section 263 is valid when the assessee died before its pronouncement and the legal heir was not heard.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘ B ‘ Bench, Hyderabad

Before: Smt. P. Madhavi Devi & Shri A. Mohan Alankamony

Hearing: 25/03/2021Pronounced: 19/04/2021

This is assessee’s appeal for the A.Y 2013-14 against the order of the Pr. CIT-6, Hyderabad, dated 22.3.2019 u/s 263 of the I.T. Act.

2.

At the outset it is submitted that the legal heir of the assessee has been brought on record since the assessee has died on 5.10.2018 whereas the CIT has passed order u/s 263 on 22.3.2019. It is submitted that when the 263 proceedings were initiated on 29.8.2018, the assessee was alive but subsequently, he had passed away on 5.10.2018 and being oblivious of this fact, the CIT passed order u/s 263 of the Act. The learned Counsel for the assessee prayed for a remand of the issue to the file of the CIT so that the legal heir can represent the matter and explain the case to the CIT. These facts are not disputed by the learned DR and therefore, we deem it fit and proper to set aside the issue to the file of the CIT with a direction to re-issue notice to the legal heir and after giving the legal heir a fair opportunity of hearing, to decide the issue in accordance with law. In view of the same, assessee’s appeal is treated as allowed for statistical purposes.

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