SURENDRA BISWAL,PURI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5(1), BHUBANESWAR, BHUBANESWAR

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ITA 96/CTK/2024Status: HeardITAT Cuttack06 June 2024AY 2017-184 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the assessment proceedings were initiated against a dead person, rendering the assessment order invalid. Consequently, the assessment order passed by the AO and confirmed by the CIT(A) was quashed.

What were the facts?

The assessee, Surendra Biswal, died on January 10, 2017. His legal heir was registered on November 7, 2017. The Assessing Officer issued a notice under Section 142(1) on December 13, 2017, to the deceased assessee.

What were the issues?

Whether an assessment made on a deceased person after the registration of his legal heir is valid.

Which sections of the Income-tax Act were involved?

Section 142(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,

Before: MANISH AGARWAL

For Appellant: Shri P.K.Mishra
For Respondent: Shri S.C.Mohanty, Sr
Hearing: 06/0Pronounced: 06/0

IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE BEFORE SHRI GEORGE MATHAN, JUDICIAL JUDICIAL MEMBER AND MANISH AGARWAL MANISH AGARWAL, ACCOUNTANT MEMBER , ACCOUNTANT MEMBER Assessment Year : 2017-18 Surendra Biswal, At/POPS: Surendra Biswal, At/POPS: Vs. Asst. Asst. Commissioner Commissioner of of Astaranga, Dist: Puri Astaranga, Dist: Puri Income Income Tax, Tax, Circle Circle-5(1), Bhubaneswar. Bhubaneswar. PAN/GIR No PAN/GIR No.AFFPB 0343 D (Appellant (Appellant) .. ( Respondent Respondent) Assessee by : Shri P.K.Mishra, P.K.Mishra, Adv Revenue by : Shri S.C.Mohanty, Sr .C.Mohanty, Sr DR Date of Hearing : 06/0 06/2024 Date of Pronouncement : 06/0 /06/2024 O R D E R Per Bench

This is an appeal filed by the assessee against the order of the ld This is an appeal filed by the assessee against the order of the ld This is an appeal filed by the assessee against the order of the ld CIT(A), NFAC, Delhi dated CIT(A), NFAC, Delhi dated 28.4.2022 in Appeal No.CIT(A), CIT(A), Bhubaneswar- 2/10273/2019 2/10273/2019-20 for the assessment year 2017-18.

2.

Shri P.K.Mishra, P.K.Mishra, ld AR appeared for the assessee and Shri the assessee and Shri S.C.Mohanty, S.C.Mohanty, Ld Sr. DR appeared for the revenue.

3.

It was submitted by ld AR that the assessee, Surendra Biswal It was submitted by ld AR that the assessee, Surendra Biswal It was submitted by ld AR that the assessee, Surendra Biswal died on 10.1.2017. The death of the assessee was intimated and the legal 10.1.2017. The death of the assessee was intimated and the legal 10.1.2017. The death of the assessee was intimated and the legal

P a g e 1 | 4 representative was registered on 7.11.2017 before the Assessing Officer. The copy of the registration shown as legal heir, is as follows:

“

4.

It was the submission that the Assessing Officer issued notice u/s.142(1) of the Act on 13.12.2017 on the deceased assessee. It was the submission that the assessment was invalid. It was the submission that the legal heir of the assessee had filed the appeal before the ld CIT(A) and as P a g e 2 | 4 the legal heir did not have access to the portal of the deceased assessee, he did not know of the date of hearing and it was only when the demand was being attempted to be enforced, he came to know that the order has been passed by the ld CIT(A). He submitted that immediately thereafter the appeal was filed with a delay of 610 days. It was the prayer that the delay in filing of the appeal may be condoned and the appeal allowed.

5.

In reply, ld Sr DR vehemently supported the order of the AO and ld CIT(A).

6.

We have considered the rival submissions. The reason for the delay is found to be satisfactorily explained. Consequently, the delay is condoned and the appeal is disposed on merits. A perusal of the facts in the present case clearly shows that the present appeal has been filed by Shri Pravat Kumar Biswal, the legal heir of the deceased assessee Surendra Biswal. The death certificate of Surendra Biswal also shows that he died on 10.1.2017. The registration of the representative of the assessee also shows that Sri Pravat Kumar Biswal, an individual has registered himself as the Legal Heir of the assessee on 6.11.2017 and the same was approved on 7.11.2017. A perusal of the assessment order shows that notice u/s.142(1) of the Act in the case of deceased assessee has been issued on 13.12.2017 much after the death of the assessee and registration of the representative of the assessee. This being so, as the assessment has been made on a P a g e 3 | 4 dead person, the assessment order passed by the AO and confirmed by the ld CIT(A) stands quashed.

7.

In the result, appeal of the assessee stands allowed.

Order dictated and pronounced in the open court on 06/06/2024.

Sd/- sd/- (Manish Agarwal) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 06/06/2024 B.K.Parida, SPS (OS) Copy of the Order forwarded to :

1. 1. The appellant: Surendra Biswal, At/POPS: Astaranga, Dist: Puri 2. The respondent: Asst. Commissioner of Income Tax, Circle-5(1), Bhubaneswar.

3. The CIT(A)- NFAC, Delhi 4. Pr.CIT, Bhubaneswar 5. DR, ITAT, 6. Guard file. //True Copy// By order

Sr.Pvt.secretary ITAT, Cuttack

P a g e 4 | 4

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