Section 159 of the Income Tax Act

Income-tax Act, 2025: s.302

Section 159 of the Income-tax Act, 1961 corresponds to section 302 (Legal representative) of the Income-tax Act, 2025.

Read section 302 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 159 is Savita Kapila v. ACIT (118 Taxmann.com 46), cited in 98 of the 280 judgments on BharatTax that turn on this section.

Leading authorities on Section 159

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.

Sri Nath Suresh Chand Ram Naresh v. CIT
280 ITR 396 · 2006 · High Court
68
citing judgments

Section 292B of the Income Tax Act applies only to procedural irregularities and cannot cure fundamental jurisdictional defects, such as the non-issue of a mandatory Section 148 notice for reassessment or framing an assessment against a non-existing or dead person.

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.

Alamelu Veerappan v. ITO
95 Taxmann.com 155 · 2018 · High Court
44
citing judgments

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.

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.

ITO v. Bhupendra Bhikhalal Desai
131 Taxmann.com 40 · 2021 · Supreme Court
25
citing judgments

Assessment and penalty proceedings initiated against a deceased assessee are invalid if not made in the name of their legal heir.

CIT v. Surat Cotton
202 ITR 932 · 1993 · High Court
25
citing judgments

Income should be taxed only once in the hands of the rightful assessee; substantive assessments cannot be made simultaneously on multiple legal heirs.

Estate of Late Rangalal Jajodia v. CIT
79 ITR 505 · 1971 · Supreme Court
25
citing judgments

An omission or defect in serving a notice required by procedural provisions does not invalidate a tax liability created by substantive charging sections, making the assessment irregular but not void.

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.

Krishnaawtar Kabra v. ITO
140 Taxmann.com 423 · 2022 · High Court
21
citing judgments

Assessment proceedings initiated against a deceased person are void ab initio, and such proceedings cannot be continued against their legal heirs if no notice was served during the assessee's lifetime or on the legal heir as a "deemed assessee" within the prescribed time.

Judgments on Section 159

Dasari Sai Annapurna L/R of Late Dasari Gopi Krishna Reddy, Vijayawada vs. The Assistant Commissioner of Income Tax, Central Circle-2(1), Vijayawada

In the result, the appeal of the assessee is allowed for statistical purposes in terms of our aforesaid observations

ITA 583/VIZ/2025[2015-16]Status: DisposedITAT Visakhapatnam05 Dec 2025AY 2015-16

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.583/Viz/2025 (िनधा"रण वष"/Assessment Year:2015-16) Dasari Sai Annapurna Vs. Assistant Commissioner L/R Of Late Dasari Gopi Of Income Tax, Krishna Reddy, Central Circle-2(1), Vijayawada. Vijayawada. Pan: Aeipd0990C (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Shri Mv Prasad, Ca राज" व "ारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of 27/11/2025 Hearing: घोषणा की तारीख/Date Of 05/12/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 08/07/2025, Which In Turn Arises From The Order Passed By The Assessing Officer (For Short, “Ao”) Under Section 147 R.W.S 144 R.W.S 144B Of The Income-Tax Act, 1961 (For Short, “Act”), Dated 28/03/2022, For The Assessment Year 2015-16. The 2 Dasai Sai Annapurna L/R Of Late Dasari Gopi Krishna Reddy Vs. Acit

For Appellant: Shri MV Prasad, CAFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 143(2)Section 147Section 148Section 45Section 54F

Sab Developers Private Limited, Chandigarh vs. Income Tax Officer, Ward-5(1), Chandigarh

ITA 1071/CHANDI/2025[2011-12]Status: DisposedITAT Chandigarh10 Nov 2025AY 2011-12

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./ Ita No. 731/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2011-12) M/S Sab Developers Pvt. Ltd. Income Tax Officer Sco 49-50, Madhya Marg Ward 5(1), बनाम/ Vs. Sector-26, Chandigarh-160019 Aaykar Bhawan, R.No.619 Sector 17E, Chandigarh-160017 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aakcs-6537-P (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By Shri Ashwani Kumar (Ca), Shri Aditya Kumar : (Ca) & Ms. Deepali Aggarwal (Ca) - Ld. Ars ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 15-10-2025 घोषणाकीतारीख /Date Of Pronouncement : 10/11/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2011-12 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 08-07-2025 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143(3) R.W.S. 147 Of The Act On 20-12-2016. The Sole Issue That Fall For Our Consideration Is Addition Of Rs.129.11 Lacs As Made By Ld. Ao Invoking The Provisions Of Sec.56(2)(Viia).

For Respondent: Dr. Ranjit Kaur (Addl. CIT) – Ld. Sr. DR
Section 113Section 143(1)Section 143(3)Section 148Section 159Section 56(2)(viia)

Income-Tax Officer, Ward-4(2)(1), Ahmedabad vs. Late Khodaji Ranchhodji Thakor Legal Heir Narendakumar Khodaji Thakor, Ahmedabad

In the result, the appeal filed by the Revenue is, therefore, dismissed

ITA 948/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad06 Nov 2025AY 2017-18

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyalआयकर अपील सं /Ita No.948/Ahd/2025 िनधा"रण वष" /Assessment Year : 2017-18 The Ito Late Khodaji Ranchhodji Ward-4(2)(1) बनाम/ Thakor V/S. Ahmedabad – 380 015 Legal Heir Narendrakumar Khodaji Thakor Ahmedabad – 382 481 "थायी लेखा सं./Pan: Afwpt 1453 K (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Chetan Agarwal, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 18/09/2025 घोषणा की तारीख /Date Of Pronouncement: 06/11/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: The Present Appeal Has Been Preferred By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 24/02/2025 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2017-2018. 2. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Chetan Agarwal, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 133(6)Section 142(1)Section 144Section 148Section 250