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

Estate of Arjun Das Agarwal, Kolkata vs. ITO, Ward-40(3), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 373/KOL/2024[2012-13]Status: DisposedITAT Kolkata10 Sept 2024AY 2012-13

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A No.373/Kol/2024 Assessment Year: 2012-13 Estate Of Arjun Das Agarwal………………………… ........................……Appellant Flat No.3B, 19-B, Richie Road, Ballygunge, Kolkata – 700019. [Pan: Aabae1990M] Vs. Ito, Ward-40(3), Kolkata…...................…................…........……...…..…..Respondent Appearances By: Shri Ravi Tulsiyan, Ar, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 12, 2024 Date Of Pronouncing The Order : September 10, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By Estate Of Arjun Das Agarwal Through Sri Vivek Agarwal In A Representive Capacity, Against The Order Dated 31.01.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Brief Facts Of The Case Are That Return Of Income For Assessment Year 2012-13 Was Filed By Sri Arjun Dass Agarwal During His Life Time On 31.03.2014 Declaring Total Income Of Rs.2,43,159/- & The Same Was Processed U/S 143(1) Of The Act On 26.07.2014. Shri Arjun Dass Agarwal Died On 11.12.2015. Thereafter, The Assessing Officer Received Some Information Regarding Transaction Of Immovable Property Done By Sri

Section 142(1)Section 143(1)Section 148Section 250

Dhaval Dilipkumar Thakkar Legal Heir of Late Dilipkumar Amrutlal Thakkar, Kheda vs. The Income Tax Officer, Ward-1 Nadiad Formerly Ward-2, Nadiad

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

ITA 787/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad30 Jul 2024AY 2017-18

Bench: Smt.Annapurna Guptaआयकर अपील सं / Ita No. 787/Ahd/2023 िनधा"रण वष"/Assessment Year: 2017-18 Dhaval Dilipkumar Thakkar, बनाम Income Tax Officer, L/H Of Late Shri Dilipkumar Ward-1, Nadiad Vs. Amrutlal Thakkar, (Formerly Ito, Ward-2, At Narsanda, Gujarat-388120 Nadiad) Pan : Akxpt 6003 F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Shri Hemant Suthar, Ar िनधा"रती की ओर से / Assessee By : Shri Hrishikesh Hemant Patki, Sr Dr ""थ" की ओर से / Revenue By: सुनवाई क" तारीख/Date Of Hearing : 24/07/2024 घोषणा क" तारीख /Date Of Pronouncement: 30/07/2024 आदेश/O R D E R The Present Appeal Has Been Filed By The Assessee Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [In Short Referred To As “Ld. Cit(A)”] Under Section 250 Of The Income Tax Act, 1961 [In Short Referred To As “The Act”] Dated 12.09.2023 Pertaining To Assessment Year (Ay) 2017-18. 2. The Grounds Raised By The Assessee Read As Follows :- “1. The Ld. A.O. Has Erred In Law & In Facts In Issuing Order U/S 143(3) In The Name Of Dead Person. The Notice So Issued Is Illegal/And Invalid In Law. The Order Passed Consequent To Such Illegal/Invalid Notice Is Prayed To Be Quashed. 2. Without Prejudice To The Other Grounds, National Faceless Appeal Centre (Nfac) Has Erred In Law & In Facts In Confirming The Action Of The Ld. A.O. Making Addition Of Cash Deposited Of Rs. 13,00,000/- During Demonetization Period. Thus, The Action Of The Ld. Cit(A) Is Bad In Law & Therefore The Appeal Of The Appellant Be Allowed.”

For Appellant: Shri Hrishikesh Hemant Patki, Sr DR
Section 143(3)Section 159Section 159(2)Section 250

Suresh Kumar Mahawar, Balasore vs. ITO Ward-1, Balasore

In the result, appeal of the assessee is allowed

ITA 59/CTK/2024[2017-18]Status: DisposedITAT Cuttack22 Apr 2024AY 2017-18

Bench: Shri George Mathanआयकर अऩीऱ सं/Ita No.59/Ctk/2024 (ननधाारण वषा / Assessment Year :2017-2018) Suresh Kumar Mahawar, Vs Ito, Ward-1, Balasore L/H. Smt. Radha Devi Mahawar, 25, Ganesh Market, Uttareswar, Soro, Balasore-756045 Pan No. :Acspm 4001 D (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri Mohit Sheth, Advocate राजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 22/04/2024 घोषणा की तारीख/Date Of Pronouncement : 22/04/2024 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 30.01.2024, Passed In Din & Order No.Itba/Nfac/S/250/2023- 24/1060262403(1) For The Assessment Year 2017-2018. 2. It Was Submitted By The Ld. Ar That The Assessee Suresh Kumar Mahawar Died On 15.11.2016 & Smt. Radhadevi Mahawar, Wife Of The Deceased Assessee, Deposited Rs.2,50,000/- On 21.11.2016 & Rs.19,28,000/- On 29.11.2016 In Her Bank Account Maintained With State Bank Of India, Soro Branch Bearing Account No.11248821297. It Was The Submission That The Said Account Was Joint Account Between Suresh Kumar Mahawar & Smt. Radhadevi Mahawar. It Was The Submission That Shri Suresh Kumar Mahawar Died On 15.11.2015 Relevant To The Assessment Year 2016-2017. It Was Further Submission That Smt. Radhadevi Mahawar, Wife Of Deceased Assessee, Had Deposited Cash

For Appellant: Shri Mohit Sheth, AdvocateFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 142(1)Section 143(3)Section 144Section 159