LATE M.P.VIMALA BAI, REP. BY L/R. M.P.JAY ANANTHA SWAMY.,HYDERABAD vs. INCOME TAX OFFICER-WARD-11(2), HYDERABAD

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ITA 1267/HYD/2017Status: DisposedITAT Hyderabad05 September 2019AY 2005-064 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that an assessment order passed against a deceased person, after the AO was made aware of the death and the legal representative's status, is invalid. Therefore, the assessment order was set aside.

What were the facts?

The Assessing Officer (AO) issued notices under Section 148 and 143(2) to a deceased assessee. Despite the legal representative providing a death certificate and Power of Attorney, the AO proceeded to pass an assessment order in the name of the deceased.

What were the issues?

Whether an assessment order passed against a deceased assessee, after the AO was informed of the death, is valid. Whether Section 50C of the Act was correctly invoked on a property sold under distress due to tenant issues.

Which sections of the Income-tax Act were involved?

Section 148,Section 143(2),Section 142(1),Section 50C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “SMC”, HYDERABAD

Before: SMT. P. MADHAVI DEVI & SHRI S. RIFAUR RAHMAN

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “SMC”, HYDERABAD

BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER I.T.A. No. 1267/HYD/2017 Assessment Year: 2005-06 M.P.Jay Anantha Swamy, The Income Tax Officer, (Legal Representative of Vs Ward-11(2), Late M.P.Vimala Bai) HYDERABAD HYDERABAD [PAN: AQWPM5544R] (Appellant) (Respondent) For Assessee : Shri K.A.Sai Prasad, AR For Revenue : Smt. Matta Padma, DR Date of Hearing : 22-08-2019 Date of Pronouncement : 05-09-2019 O R D E R PER S. RIFAUR RAHMAN, A.M. : This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals)–9, Hyderabad, dated 02-12-2016, for the AY.2005-06.

Condonation of delay: 2. This appeal of assessee filed with a delay of 102 days. Assessee has filed an affidavit, seeking condonation of delay in filing the appeal.

2.1. Considering the petition for condonation of delay in respect of assessee and being satisfied with the reasonable

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cause for the delay, we hereby condone the delay in filing the appeal, which is admitted and being heard on merits.

3.

At the time of hearing, Ld.AR brought to our notice that notice u/s.148 of the Income Tax Act [Act] dt.30-03-2010 was issued and served on the assessee. Shri M.P.Jay Anantha Swamy is the legal representative, appeared before the Assessing Officer (AO) and submitted that assessee has expired on 12-12-2010 and filed Death Certificate also. Subsequently, the AO issued several notices u/s.143(2) of the Act on 13-04-2010 and notice u/s. 142(1) of the Act on 02-02- 2011, 24-06-2011 & 26-09-2011. Even though the Legal Representative of the assessee filed Power of Attorney (POA) dt.19-04-2010 and other relevant information before the AO confirming the death of assessee, AO has passed the assessment order on the deceased person, which is not valid. In this connection, he relied on the decision of Hon'ble Supreme Court in the case of Pr.CIT Vs. Maruti Suzuki India Limited (Successor of SPIL). With regard to merits of the case, Ld.AR brought to our notice that the property-in-question was sold for a consideration of Rs.33 Lakhs but the property is a commercial property situated at Mahankali Street, was occupied by old tenants for a period of more than 40 years, paying meagre rents; there were also court cases pending against them for eviction of same and the property was disputed property as the tenants were not vacating and having prolonged cases for the years together. Therefore, this property was sold under distress but AO has invoked Section 50C of the Act on this property. For that proposition, Ld.AR relied on the

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case of ACIT Vs. Lalitha Karan in ITA No.1130/Hyd/2015, dt.04-01-2017.

4.

On the other hand, Ld.DR relied on the orders of Revenue authorities.

5.

Considered the rival submissions and material on record. It was brought out by the Ld.AR that notice u/s.148 of the Act was issued to assessee after the expiry of time. The Ld.Representative of the assessee submitted the Death Certificate and other relevant information, confirming that assessee was no more and Ld.AR has submitted the POA and claimed that he is the Legal Representative of the assessee. Inspite of that, AO issued various notices in the name of the deceased assessee and completed the assessment also in the name of the deceased assessee. Therefore, the assessment made by AO on the deceased person is not valid. In support of that, we rely on the decision of Hon'ble Supreme Court in the case of Pr.CIT Vs. Maruti Suzuki India Limited (Successor of SPIL).

5.1. Respectfully following the above decision, we set aside the assessment order passed by the AO. Accordingly, the Grounds raised by assessee are allowed.

6.

In the result, the appeal of assessee is allowed. Order pronounced in the open court on 5th September, 2019

Sd/- Sd/- (P. MADHAVI DEVI) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER

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Hyderabad, Dated August, 2019 TNMM Copy to : 1. M.P.Jay Anantha Swamy, Legal Representative of Late M.P.Vimala Bai, C/o.Ch.Parthasarathy & Co., 1-1-298/2/B/3, 1st Floor, Sowbhagya Avenue, St.No.1, Ashok Nagar, Hyderabad. 2. The Income Tax Officer, Ward-11(2), Hyderabad. 3. CIT(Appeals)-9, Hyderabad. 4. Pr.CIT-5, Hyderabad. 5. D.R. ITAT, Hyderabad. 6. Guard File.

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