LATE SMT. SAROJ GUPTA THROUGH L/H SHRI K.S. GUPTA,MEERUT vs. ITO, WARD- 2(3), MEERUT
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that an assessment order cannot be passed against a dead person and that the Assessing Officer should have brought the legal heir on record as per Section 159(2) of the Act. Section 292B of the Act does not permit assessment on a dead person.
What were the facts?
The assessee filed her return of income. However, she expired before the assessment proceedings were completed. The Assessing Officer framed the assessment order in the name of the deceased assessee, despite being notified of her death.
What were the issues?
Whether an assessment order framed in the name of a deceased person is valid, and whether Section 292B can cure such a defect.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI ‘SMC’ BENCH,
Before: SHRI N.K. BILLAIYA
PER N.K. BILLAIYA, ACCOUNTANT MEMBER:
With this appeal, the assessee has challenged the correctness of the order of the Commissioner of Income Tax [Appeals] – Meerut dated 09.11.2017 pertaining to assessment year 2014-15.
The sum and substance of the grievance of the assessee is that the Assessing Officer erred in framing the assessment order in the name of a dead person and the CIT(A) further erred in confirming the assessment. The assessee is further aggrieved by the addition made u/s 68 of the Income-tax Act, 1961 [hereinafter referred to as 'the Act'].
Representatives of both the sides were heard at length. The case records carefully perused and with the assistance of the ld. Counsel, we have considered the documentary evidences brought on record in the form of Paper Book in light of Rule 18(6) of ITAT Rules. Judicial decisions relied upon were carefully perused.
Briefly stated, the facts of the case are that the assessee filed her return of income declaring total income at Rs. 8,06,450/- on 29.07.2014. The return was selected for scrutiny assessment and accordingly, statutory notices were issued and served upon the assessee.
In reply to the queries raised on 16.12.2016, the ld. AR specifically mentioned that the assessee has expired on 29.11.2016, and, in this connection, death certificate was submitted to the Assessing Officer. Once again, vide reply dated 22.12.2016, the ld. AR brought to the notice of the Assessing Officer that the assessee has expired on 29.11.2016.
Surprisingly, assessment order is dated 22.12.2016 and is framed in the name of the dead person.
When the matter was agitated before the CIT(A), the CIT(A) confirmed the assessment order stating that a mistake in the assessment order is a curable mistake u/s 292B of the Act and does not, in any way, vitiate the assessment proceedings. The appeal was dismissed on the point of law and further, the additions made by the Assessing Officer were confirmed.
Before me, once again the ld. AR reiterated assessee reiterated what has been stated before the lower authorities.
The ld. DR strongly supported the findings of the CIT(A) and read the relevant findings of the CIT(A).
I have given thoughtful consideration to the orders of the authorities below. There is no dispute that vide letters dated 16.12.2016 and 22.12.2016, the ld. AR had very specifically brought to the notice of the Assessing Officer that the assessee has expired. The assessment order is dated 22.12.2016, which means that the Assessing Officer had sufficient time to invoke the provisions of section 159 and bring the legal heir on record. In my considered opinion, where the assessee died before the assessment proceedings were completed, it is incumbent u/s 159(2) of the Act on the Assessing Officer to bring the legal representative of the deceased on record and to proceed from the stage at which it was left at the time of death of the deceased. I am of the view that on the death of a person, his legal personality ceases to exist and thereafter, no order can be passed against such dead person.
The first appellate authority further erred in not appreciating the law in true perspective and wrongly relied upon the provisions of section 292B of the Act. I am of the considered opinion that the provisions of section 292B of the Act do not permit an Assessing Officer to frame assessment on a dead person. I, accordingly, set aside the order of the CIT(A) and quash the assessment order.
In the result, the appeal filed by the assessee in is allowed.
The order is pronounced in the open court on 08.10.2018.
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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