Kripa Shankar Mahawar vs The Principal Chief Commissioner Of … on 31 July, 2025

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1. Under the peculiar set of facts the petitioner has approached

this Court. The petitioner is the legal heir of one Laxmi Kant Mahawar

who was an assessee within the meaning of Income Tax Act, 1961

(hereinafter referred to as “the said Act”). In respect of the assessment

year 2019-20 a proceeding under section 148A(b) of the said Act was

initiated against the deceased. The petitioner had responded to the same

and had brought the factum of death of the deceased on 12 th January

2020 to the notice of the jurisdictional assessing officer on 12 th April

2023. Notwithstanding the above, a notice under section 148 of the said

Act in respect of the self-same assessment year was issued in the name

of the petitioner. It now transpires that such notice was in respect of the

estate of the deceased. The above proceeding has since culminated in an

order of reassessment dated 28th March 2025 under section 147 read

with section 144 of the said Act.

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