SHRI SURINDER SINGH,AMRITSAR vs. INCOME TAX OFFICER WARD 3(4), AMRITSAR
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Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR
Before: DR. M. L. MEENA & SH. ANIKESH BANERJEE
Per Dr. M. L. Meena, AM:
The captioned appeal is filed by the assessee against the order of the
ld. Commissioner of Income Tax (Appeals)-1, Amritsar dated 27.06.2019 for Assessment Year: 2010-11.
2 ITA No. 576/Asr/2019 Surinder Singh v. ITO 2. At the outset, the ld. counsel for the assessee has submitted that the
appellant assessee is expired on 10.07.2020 (copy of Death Certificate
filed on record) on 28.09.2022. The AR for the assessee requested for the
abatement of the assessee till the legal heirs are brought on record with a
right to revive the appeal.
The ld. DR has no objection to the request of the assessee.
Having heard both the sides, and perusal on record. We find that the
appellant assessee was expired on 10.07.2022 as per Death Certificate
(copy placed on record). The ld. counsel for the assessee was required to
bring the legal heirs on record vide direction in the Open Court on
09.08.2022, 28.09.2022, and 10.08.2022, however, he has shown inability
to bring the legal heirs on record by stating that the legal heirs are not
coming forward for the last many months to complete the documents and
legal formalities as required. In view of that matter, we consider it deem fit
to abate this appeal of the assessee till the legal heirs are brought on
record with a right to the assessee to revive the appeal. At the same time,
the department may proceed with the recovery of the demand out of the
assets left out by the assessee. Accordingly, the appeal stands abated as
on date.
3 ITA No. 576/Asr/2019 Surinder Singh v. ITO 5. In the result, the appeal of the assessee is disposed of in the terms
indicated as above.
Order pronounced in the open court on 25.08.2023
Sd/- Sd/- (Anikesh Banerjee) (Dr. M. L. Meena) Judicial Member Accountant Member *GP/Sr.PS*
Copy of the order forwarded to: (1) The Appellant: (2) The Respondent: (3) The CIT(Appeals) (4) The CIT concerned (5) The Sr. DR, I.T.A.T. True Copy By Order