ACIT, CIRCLE-3, ASANSOL, ASANSOL vs. SHYAM SUNDER HETAMSARIA,
What did the Tribunal hold?
The ITAT held that the order passed by the CIT(A) in the name of a deceased person is a nullity. Following the precedent set by the Hon'ble Madhya Pradesh High Court, the ITAT set aside the impugned order.
What were the facts?
The Income Tax Appellate Tribunal (ITAT) was hearing an appeal by the revenue against an order of the CIT(A). The assessee had passed away before the CIT(A) passed its order, and the order was issued in the name of a deceased person.
What were the issues?
Whether an assessment order passed against a deceased person without proper notice to the legal representative is a nullity. The procedural requirement of notifying the legal representative under Section 159 of the Income Tax Act, 1961.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Dalumal Shyamumal18 citing276 ITR 62 · 2005 · HC
Income Tax Appellate Tribunal, KOLKATA BENCH ‘A’, KOLKATA
Before: Shri P. M. Jagtap, A.M. & Shri S.S. Viswanethra Ravi, J.M.)
ORDER Shri P.M.Jagtap, A.M. This appeal is preferred by the revenue against the order of ld. CIT(A) Asansol dated 16.06.2014 on the following grounds: i. That, the Ld. CIT(A), Asansol has erred in law and on facts in allowing the disallowance of Rs. 61,67,200/- made by the Assessing Officer on account of introduction of fresh capital. ii. That, the Ld. CIT(A), Asansol has erred in law and on facts in deleting the addition of Rs. 18,03,220/- made by the Assessing Officer on account of showroom maintenance expenses.
More judgments on Section 159
- Shruti Amar Mehta, Pune vs ACIT Cir-1(1), PuneITA 2683/PUN/2026[2020-21]Status: Disposed14 Oct 2026AY 2020-21
- Jay Patel, Raipur vs ITO, Ward-3(1), RaipurITA 684/RPR/2026[2015-16]Status: Heard12 Oct 2026AY 2015-16
- Late Bhoodev Singh Through L/H Bimla Devi… vs ITO Ward 68(8), DelhiITA 8284/DEL/2025[2012-13]Status: Disposed28 Sept 2026AY 2012-13
- Nandakumari Karlapudi, Guntur vs Commissioner of Income-Tax (Appeals)…ITA 487/VIZ/2024[2017-18]Status: Disposed9 Sept 2026AY 2017-18
- Jyoti Satish Naik As Wife and Legal Heir of… vs ITO, Ward 4(4), ThaneITA 2373/MUM/2026[2010-11]Status: Disposed9 Sept 2026AY 2010-11
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