LATE RAJMALJI DAGADULALJI KASLIWAL, THROUGH LEGAL HEIR, SHRI PRAVIN RAJMAL KASLIWAL,NANDED vs. ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX OFFICER, NATIONAL E-ASSESSMENT CENTRE, DELHI
What did the Tribunal hold?
The Tribunal held that an assessment order passed in the name of a deceased person is a nullity and therefore void. Following its own precedent, the Tribunal quashed the assessment order.
What were the facts?
The assessee's assessment order for AY 2018-19 was passed after the assessee, Rajmalji Dagadulalji Kasliwal, had already died. The legal heir provided the death certificate during the assessment proceedings.
What were the issues?
Whether an assessment order passed in the name of a deceased person is valid. The validity of an assessment order passed against a dead assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI Dr. DIPAK P. RIPOTE & SHRI VINAY BHAMORE
PER Dr. DIPAK P. RIPOTE, A.M : This is an appeal filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals), NFAC, Delhi [Ld.CIT(A)], passed u/s. 250 of the Income Tax Act, 1961 (‘the Act’) for AY 2018-19 on 06/05/2026, emanating from the Assessment Order u/s 143(3) r.w.s. 144B of the Act, dated 22/04/2021. Findings and Analysis :
In this case, Rajmalji Dagadulalji Kasliwal had filed return of Income on 28/10/2018 declaring total income at Rs.769430/-. The said return was picked up for scrutiny assessment. During assessment proceedings Mr. Pravin Kasliwal son of
The order continues below.
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