GYANOBA PANDURANG PANZADE TROUGH HIS LEGAL HEIR MANOJ GYANOBA PANZADE,PARBHANI vs. ITO OFFICER, PARBHANI
What did the Tribunal hold?
The tribunal restored the appeal to the NFAC for fresh adjudication after impleading the legal representatives of the deceased assessee. The tribunal did not express any opinion on the status of the legal representative.
What were the facts?
The assessee's appeal for AY 2011-12 was rejected by the NFAC for non-payment of advance tax. The assessee had passed away during the lower appellate proceedings, and his legal heir was not impleaded.
What were the issues?
Whether the appeal proceedings can continue without impleading the legal heir of a deceased assessee, and if not, what is the appropriate course of action.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE “SMC” BENCH : PUNE
Before: SHRI SATBEER SINGH GODARA
Date of Hearing : 23.04.2024 Date of Pronouncement : 10.05.2024 ORDER
This assessee’s appeal for assessment year 2011-12, arises against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No.ITBA/NFAC/S/250/ 2023-24/1060218034(1), dated 29.01.2024, in proceedings u/s.147 r.w.s.144 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties. Case file perused.
It emerges at the outset that the appellant herein Shri Manoj Gyanoba Panzade claims himself to be the legal representative of the deceased assessee Gyanoba Pandurang Panzade on the one hand, whereas the learned NFAC has 2 ITA.No.447/PUN./2024 rejected the latter’s lower appeal for non-payment of advance tax u/sec.249(4)(b) of the Act. Meaning thereby that the assessee herein prima facie appears to have left for his heavenly abode during the course of lower appellate proceedings and none of his legal heir(s) had been impleaded as “legal representative(s)” before the learned NFAC; after satisfying the statutory conditions u/sec.2(29) of the Income Tax Act, 1961 read with sec.2(11) of Civil Procedure Code, 1908. That being the case, it is deemed appropriate in the larger interest of justice to restore the instant appeal back to the learned NFAC for it’s afresh appropriate adjudication after first getting the legal representatives impleaded in foregoing terms followed by necessary adjudication thereof as per law. It is further made clear before parting that this tribunal has not expressed any opinion on the appellant’s status as the deceased assessee’s legal representative as the same is yet to be determined in consequential proceedings. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes in above terms.
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