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“legal representative”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(29)662 judgments

The decision most relied on for legal representative is 2 CIT v. Indrajit Singh Suri (33 Taxmann.com 281), cited in 100 judgments on BharatTax.

Leading authorities on legal representative

2 CIT v. Indrajit Singh Suri
33 Taxmann.com 281 · 2013 · High Court
100
citing judgments

The validity of reassessment proceedings initiated under Sections 147/148 against legal representatives of a deceased assessee requires a demonstrable 'reason to believe' that income escaped assessment, often based on third-party information such as alleged accommodation entries.

Savita Kapila v. ACIT
118 Taxmann.com 46 · 2020 · High Court
98
citing judgments

There is no legal requirement for a legal representative to report an assessee's death to the income tax department; consequently, a reassessment notice issued under Section 148 to a deceased person is invalid as it lacks proper jurisdiction.

Chandreshbhai Jayantibhai Patel v. ITO
101 Taxmann.com 362 · 2019 · High Court
46
citing judgments

A notice under section 148 of the Income-tax Act, 1961, is a jurisdictional notice and a condition precedent for reassessment. Such a notice issued against a deceased person is valid if the legal representative submits to the Assessing Officer without raising any objection.

CIT v. Amarchand N. Shroff
48 ITR 59 · 1963 · Supreme Court
40
citing judgments

Assessment proceedings initiated against a deceased person are void. Once an assessee dies, assessment proceedings can only continue in the name of their legal representative, to the extent of the deceased's estate.

202 ITR 932, CIT v. Durgawati
31 ITR 603 · 1957 · High Court
36
citing judgments

The same income cannot be assessed substantively in multiple hands. However, this principle does not prevent a single consolidated assessment order for multiple legal representatives.

CIT v. Jai Prakash Singh
219 ITR 737 · 1996 · Supreme Court
36
citing judgments

A procedural defect in serving notices, such as issuing them after the assessee's death without proper service on legal representatives, can invalidate reassessment proceedings and render assessment orders void. However, an omission or defect in serving notices does not erase a tax liability created by substantive provisions, though it may render an order irregular.

Rajender Kumar Sehgal v. ITO
260 Taxmann 412 · 2019 · High Court
25
citing judgments

A notice issued to a deceased assessee or their legal representatives beyond the period of limitation is without jurisdiction and cannot be saved by Section 292B.

ITO Ward 1(3)(7), Surat v. Durlabhbhai Kanubhai Rajpara
114 Taxmann.com 482 · 2020 · Supreme Court
24
citing judgments

An assessment or reassessment proceeding initiated or continued against a deceased person after their demise is illegal and void ab initio, as no valid notice can be issued to a dead individual.

Judgments citing legal representative

Rakesh Jain As the Legal Heir of Bhawarlal Shrilal Jain, Mumbai vs. ITO Ward-1 Palghar, Mumbai

In the result, all four appeals of the assessee stand allowed

ITA 7677/MUM/2025[2013-14]Status: DisposedITAT Mumbai09 Feb 2026AY 2013-14

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokar1. Ita No. 7674/Mum/2025 (Assessment Year: 2013-14) 2. Ita No. 7675/Mum/2025 (Assessment Year: 2013-14) 3. Ita No. 7676/Mum/2025 (Assessment Year: 2013-14) & 4. Ita No. 7677/Mum/2025 (Assessment Year: 2013-14) Rakesh Jain As Legal Ito Ward-1, Heir Of Bhawarlal Shrilal Bidco Road, Jain, Vs. Palghar, Shop 5, Vaibhav Complex, Maharashtra – Irani Road, Malyan, 401 404 Dahanu Road, Thane – 401602, Maharashtra. Pan/Gir No. Abjpj5270F (Applicant) (Respondent) Assessee By Shri Suchek Anchaliya, Ld. Ar Revenue By Shri Annavaram Kosuri, Ld. Dr Date Of Hearing 05.02.2026 Date Of Pronouncement 09.02.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: These Four Appeals Are Directed Against Separate Orders Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”], All Dated 26.09.2025 & 18.09.2025, For Assessment Year 2013– 14. Since The Issues Involved In All The Appeals Arise Out Of The Same Set Of Facts & Relate To Proceedings Initiated In The Name Of Late Shri Bhawarlal Shrilal Jain, These Appeals Were Heard Together & Are Being Disposed Of By This Common Order For The Sake Of Convenience & Brevity.

Section 142(1)Section 144Section 147Section 148Section 151Section 159Section 271FSection 69A

complete the reassessment under section 147 read with section 144 in the name of the deceased person without invoking the provisions relating to legal representatives. 16. The learned AR also specifically drew our attention to the enquiry letter issued by the Income Tax Officer, Ward 3, Palghar dated ... subsequent proceedings including reassessment and penalty proceedings were initiated and completed in the name of the deceased person without taking steps to bring the legal representative on record in accordance with law. 19. The learned AR further invited our attention to the copy of the return of income filed

Rakesh Jain As the Legal Heir of Bhawarlal Shrilal Jain, Mumbai vs. ITO Ward -1 Palghar, Thane

In the result, all four appeals of the assessee stand allowed

ITA 7676/MUM/2025[2013-14]Status: DisposedITAT Mumbai09 Feb 2026AY 2013-14

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokar1. Ita No. 7674/Mum/2025 (Assessment Year: 2013-14) 2. Ita No. 7675/Mum/2025 (Assessment Year: 2013-14) 3. Ita No. 7676/Mum/2025 (Assessment Year: 2013-14) & 4. Ita No. 7677/Mum/2025 (Assessment Year: 2013-14) Rakesh Jain As Legal Ito Ward-1, Heir Of Bhawarlal Shrilal Bidco Road, Jain, Vs. Palghar, Shop 5, Vaibhav Complex, Maharashtra – Irani Road, Malyan, 401 404 Dahanu Road, Thane – 401602, Maharashtra. Pan/Gir No. Abjpj5270F (Applicant) (Respondent) Assessee By Shri Suchek Anchaliya, Ld. Ar Revenue By Shri Annavaram Kosuri, Ld. Dr Date Of Hearing 05.02.2026 Date Of Pronouncement 09.02.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: These Four Appeals Are Directed Against Separate Orders Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”], All Dated 26.09.2025 & 18.09.2025, For Assessment Year 2013– 14. Since The Issues Involved In All The Appeals Arise Out Of The Same Set Of Facts & Relate To Proceedings Initiated In The Name Of Late Shri Bhawarlal Shrilal Jain, These Appeals Were Heard Together & Are Being Disposed Of By This Common Order For The Sake Of Convenience & Brevity.

Section 142(1)Section 144Section 147Section 148Section 151Section 159Section 271FSection 69A

complete the reassessment under section 147 read with section 144 in the name of the deceased person without invoking the provisions relating to legal representatives. 16. The learned AR also specifically drew our attention to the enquiry letter issued by the Income Tax Officer, Ward 3, Palghar dated ... subsequent proceedings including reassessment and penalty proceedings were initiated and completed in the name of the deceased person without taking steps to bring the legal representative on record in accordance with law. 19. The learned AR further invited our attention to the copy of the return of income filed

Rakesh Jain As the Legal Heir of Bhawarlal Shrilal Jain, Mumbai vs. ITO Ward 1 Palghar, Thane

In the result, all four appeals of the assessee stand allowed

ITA 7675/MUM/2025[2013-14]Status: DisposedITAT Mumbai09 Feb 2026AY 2013-14

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokar1. Ita No. 7674/Mum/2025 (Assessment Year: 2013-14) 2. Ita No. 7675/Mum/2025 (Assessment Year: 2013-14) 3. Ita No. 7676/Mum/2025 (Assessment Year: 2013-14) & 4. Ita No. 7677/Mum/2025 (Assessment Year: 2013-14) Rakesh Jain As Legal Ito Ward-1, Heir Of Bhawarlal Shrilal Bidco Road, Jain, Vs. Palghar, Shop 5, Vaibhav Complex, Maharashtra – Irani Road, Malyan, 401 404 Dahanu Road, Thane – 401602, Maharashtra. Pan/Gir No. Abjpj5270F (Applicant) (Respondent) Assessee By Shri Suchek Anchaliya, Ld. Ar Revenue By Shri Annavaram Kosuri, Ld. Dr Date Of Hearing 05.02.2026 Date Of Pronouncement 09.02.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: These Four Appeals Are Directed Against Separate Orders Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”], All Dated 26.09.2025 & 18.09.2025, For Assessment Year 2013– 14. Since The Issues Involved In All The Appeals Arise Out Of The Same Set Of Facts & Relate To Proceedings Initiated In The Name Of Late Shri Bhawarlal Shrilal Jain, These Appeals Were Heard Together & Are Being Disposed Of By This Common Order For The Sake Of Convenience & Brevity.

Section 142(1)Section 144Section 147Section 148Section 151Section 159Section 271FSection 69A

complete the reassessment under section 147 read with section 144 in the name of the deceased person without invoking the provisions relating to legal representatives. 16. The learned AR also specifically drew our attention to the enquiry letter issued by the Income Tax Officer, Ward 3, Palghar dated ... subsequent proceedings including reassessment and penalty proceedings were initiated and completed in the name of the deceased person without taking steps to bring the legal representative on record in accordance with law. 19. The learned AR further invited our attention to the copy of the return of income filed

Rakesh Jain As the Legal Heir of Bhawarlal Shrilal Jain, Mumbai vs. ITO Ward 1, Palghar, Thane

In the result, all four appeals of the assessee stand allowed

ITA 7674/MUM/2025[2013-14]Status: DisposedITAT Mumbai09 Feb 2026AY 2013-14

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokar1. Ita No. 7674/Mum/2025 (Assessment Year: 2013-14) 2. Ita No. 7675/Mum/2025 (Assessment Year: 2013-14) 3. Ita No. 7676/Mum/2025 (Assessment Year: 2013-14) & 4. Ita No. 7677/Mum/2025 (Assessment Year: 2013-14) Rakesh Jain As Legal Ito Ward-1, Heir Of Bhawarlal Shrilal Bidco Road, Jain, Vs. Palghar, Shop 5, Vaibhav Complex, Maharashtra – Irani Road, Malyan, 401 404 Dahanu Road, Thane – 401602, Maharashtra. Pan/Gir No. Abjpj5270F (Applicant) (Respondent) Assessee By Shri Suchek Anchaliya, Ld. Ar Revenue By Shri Annavaram Kosuri, Ld. Dr Date Of Hearing 05.02.2026 Date Of Pronouncement 09.02.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: These Four Appeals Are Directed Against Separate Orders Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”], All Dated 26.09.2025 & 18.09.2025, For Assessment Year 2013– 14. Since The Issues Involved In All The Appeals Arise Out Of The Same Set Of Facts & Relate To Proceedings Initiated In The Name Of Late Shri Bhawarlal Shrilal Jain, These Appeals Were Heard Together & Are Being Disposed Of By This Common Order For The Sake Of Convenience & Brevity.

Section 142(1)Section 144Section 147Section 148Section 151Section 159Section 271FSection 69A

complete the reassessment under section 147 read with section 144 in the name of the deceased person without invoking the provisions relating to legal representatives. 16. The learned AR also specifically drew our attention to the enquiry letter issued by the Income Tax Officer, Ward 3, Palghar dated ... subsequent proceedings including reassessment and penalty proceedings were initiated and completed in the name of the deceased person without taking steps to bring the legal representative on record in accordance with law. 19. The learned AR further invited our attention to the copy of the return of income filed

Saheed Darshan Filling Station, Ludhiana vs. Income Tax Officer (ITO), Ward 3, Khanna

In the result, appeal of the assessee is allowed and Stay Application is dismissed

ITA 1736/CHANDI/2025[2018-19]Status: DisposedITAT Chandigarh03 Feb 2026AY 2018-19

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 1736/Chd/2025 "नधा"रण वष" / Assessment Year: 2018-19 Shaheed Darshan Filling Station, The Ito, Village-Iraq, Kohara Road, Vs Ward-3, Machhiwara, So-Irak, Ludhiana. Khanna. "थायी लेखा सं./Pan No: Aarfs1129H अपीलाथ"/Appellant ""यथ"/Respondent & S.A. No. 5/Chd/2026 In आयकर अपील सं./ Ita No. 1736/Chd/2025 "नधा"रण वष" / Assessment Year: 2018-19 Shaheed Darshan Filling Station, The Ito, Village-Iraq, Kohara Road, Vs Ward-3, Machhiwara, So-Irak, Ludhiana. Khanna. "थायी लेखा सं./Pan No: Aarfs1129H अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Sifatpreet Singh, Ca & Shri Amanjot Singh, Ca Revenue By : Dr. Ranjit Kaur, Addl. Cit Sr. Dr Date Of Hearing : 28.01.2026 Date Of Pronouncement : 03.02.2026 Physical Hearing O R D E R Per Raj Pal Yadav, Vp

For Appellant: Shri Sifatpreet Singh, CA and Shri Amanjot Singh, CAFor Respondent: Dr. Ranjit Kaur, Addl. CIT Sr. DR
Section 249Section 253Section 3Section 5

dead person and the assessment order has also been passed against the dead person on his PAN , without bringing on record all his legal representatives, therefore, the said assessment order and the subsequent notices are null and void and are liable to be set aside. vi) Meet Lalwani, Legal Heir

Late Nammalvar, Rep. by Padma Nammalvar, Nannilam vs. ITO, Ward-1, Tiruvarur

In the result, the appeal filed by the assessee is allowed

ITA 2310/CHNY/2025[2017-18]Status: DisposedITAT Chennai30 Jan 2026AY 2017-18

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 2310/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Late Nammalvar, The Income Tax Officer, Rep. By Smt. Padma Vs. Ward 1, Nammallvar, Tiruvarur No.1, Andal Gas Agency, Tiruvarur Main Road, Nannilam – 610 105. Pan: Aaepn 6229J (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri S. Girish Kumar, Advocate ""यथ" क" ओर से/Respondent By : Shri N. Rajakumar, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 28.01.2026 घोषणा क" तारीख/Date Of Pronouncement : 30.01.2026

For Appellant: Shri S. Girish Kumar, AdvocateFor Respondent: Shri N. Rajakumar, Addl.CIT
Section 139Section 250Section 271BSection 273BSection 44A

examine the source of cash deposits, a notice was issued to the assessee calling for the return of income to be filed. Assessee’s legal representative (assessee’s wife) filed the return of income on 21.09.2018 along with the audit report as mandated u/s.44AB of the Act. The deceased assessee ... submitted that the legal heirs of the deceased assessee was unfamiliar with the business carried on by the deceased assessee. It was stated that legal representatives after taking over the business immediately filed the return of income and audit report. In this context, it was submitted that the delay

Late Sasireka Srinivasan, Rep. by Legal Heir Dayanand Renuka, Tirupur vs. ITO, Ward-1(4), Tirupur

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2232/CHNY/2025[2016-17]Status: DisposedITAT Chennai30 Jan 2026AY 2016-17

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 2232/Chny/2025 िनधा"रण वष"/Assessment Year: 2016-17 Late Sasireka Srinivasan, The Income Tax Officer, Rep. By Legal Heir Smt. Vs. Ward – 1(4), Dayanad Renuka, Tirupur. 19, Agraharam Street, Kangeyam, Tirupur – 638 701. Pan: Aijps 2677L (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri T. Banusekar, Advocate ""यथ" क" ओर से/Respondent By : Shri N. Rajakumar, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 29.01.2026 घोषणा क" तारीख/Date Of Pronouncement : 30.01.2026

For Appellant: Shri T. Banusekar, AdvocateFor Respondent: Shri N. Rajakumar, Addl.CIT
Section 147Section 148Section 159Section 2Section 250Section 263

taxmann.com 836 had restored the matter to the file of the AO and directed him to issue fresh notice to the legal representative if any and complete the assessment in accordance with law. The relevant finding of Hon’ble Kerala High Court in the case of Shini Shajan, (supra) reads ... through the statutory stipulations as referred to above in Sec. 159, it is evident that the Department could have continued the proceedings against the legal representatives upon the death of the assessee from the stage at which it stood at the time of the death of the assessee