Alamelu Veerappan v. ITO

95 Taxmann.com 155High Court2018#2679 most cited

What is Alamelu Veerappan v. ITO authority for?

Income tax proceedings initiated or an assessment order passed in the name of a deceased person are void ab initio, as such proceedings are without jurisdiction. Section 159 of the Income Tax Act does not apply if proceedings were not initiated during the assessee's lifetime.

44

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2018 to 2026.

Also referred to as

Alamelu Veerappan v. ITO · Section 148 · Section 159 · deceased assessee · void ab initio · without jurisdiction · legal heirs · notice to dead person

Issues it is cited on

Judgments citing Alamelu Veerappan v. ITO

Legal Heir of Late Kusum D. Pandit, Mumbai vs. ITO 20(1)4, Mumbai

In the result, appeal filed by the assessee for assessment year 2008-

ITA 4590/MUM/2013[2008-09]Status: DisposedITAT Mumbai21 Jan 2020AY 2008-09

Bench: Shri Pramod Kumar (Vp) & Shri Ram Lal Negi (Jm) Assessment Year: 2008-09 Devendra S. Pandit, The Commissioner Of Income The Legal Heir Of Late Smt. Tax (A)-31, Kusum D. Pandit, Pratkshyakar Bhavan, C-10, C/O D.C. Bothra & Co. (Ca), 297, Vs. R.N. 706, 7Th Floor, Tardeo Road, Wille Mansion, Bkc, Bandra (East), 1St Floor, Opp. Bank Of India, Mumbai - 400051 Nana Chowk, Mumbai - 400007 Pan: Amypp6516E (Appellant) (Respondent) Assessee By : Shri Raj Kumar Singh (Ar) Revenue By : Ms. Kavita (Dr ) Date Of Hearing: 09/12/2019 Date Of Pronouncement: 21/01/2020

For Appellant: Shri Raj Kumar Singh (AR)For Respondent: Ms. Kavita (DR )
Section 143Section 251Section 271Section 274Section 69

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “H”, MUMBAI BEFORE SHRI PRAMOD KUMAR (VP) AND SHRI RAM LAL NEGI (JM) Assessment Year: 2008-09 Devendra S. Pandit, The Commissioner of Income the Legal Heir of Late Smt. Tax (A)-31, Kusum D. Pandit, Pratkshyakar Bhavan, C-10, C/o D.C. Bothra & Co. (CA), 297, Vs. R.N. 706, 7th Floor, Tardeo Road, Wille Mansion, BKC, Bandra (East), 1st Floor, Opp. Bank of India, Mumbai - 400051 Nana Chowk, Mumbai - 400007 PAN: AMYPP6516E (Appellant) (Respondent) Assessee by : Shri Raj Kumar Singh (AR) Revenue by : Ms. Kavita (DR ) Date of Hearing: 09/12/2019 Date of Pronouncement…