Ritika Singh Sisodiya/TNNLucknow: The Lucknow bench of the Allahabad HC has held that an income tax reassessment notice issued in the name of a deceased person is void ab initio and cannot be validated later by substituting the legal heir or treating it as a procedural defect.Quashing the reassessment proceedings and the consequential tax demand, the court urged Parliament to consider amending the law to address the legislative gap exposed by such cases. It directed that a copy of the judgment be forwarded to the Union ministry of finance.The order was passed by a division bench of justices Shekhar B Saraf and Abdesh Kumar Chaudhary while allowing a writ petition filed by Asha Dubey.According to the petition, Asha’s husband,Sanjay Dubey died in Jan 2024. Despite his death, the I-T department issued a notice under Section 148 of the I-T Act in Mar 2025, alleging undisclosed cash transactions of Rs 27.44 lakh detected during a search on the Omaxe Group. The department claimed the amount represented cash paid by the deceased towards the purchase of a flat. It subsequently proceeded against his widow as the legal heir and raised a tax demand of about Rs 39.67 lakh.A notice issued in the name of a dead person suffers from an inherent jurisdictional defect that cannot be cured under Section 292B of the Act. It further clarified that proceedings against a legal representative under Section 159 are permissible only if valid proceedings had been initiated during the lifetime of the assessee.T
Trending
- Tyreek Hill Injury Update: Cheetah no more? Tyreek Hill admits his legs have no power as he reveals scary leg update | NFL News
- Suniel Shetty says he doesn’t discuss cricket with KL Rahul, recalls first meeting him as a fan and reveals why he skipped buying an IPL team | Hindi Movie News
- Sitapur tiger still on the prowl, fresh pugmarks trigger panic | Lucknow News
- Iran flew IRGC commanders, missile gear to Yemen’s Houthis: Report
- ‘Donations theft took place during manual sorting, unfolding process’ | Lucknow News
- NEET paper leak protests: Delhi high court notifies special fast-track court following PM Narendra Modi’s announcement | Delhi News
- DGP, SSB IG review security measures along Nepal border | Lucknow News
- NASA has grown plants in space for years: New research says the next step is growing medicines, starting with a tobacco and a virus
