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2025 Supreme(Online)(ITAT) 4761

INCOME TAX APPELLATE TRIBUNAL (AMRITSAR BENCH)
Manoj Kumar Aggarwal, AM, Udayan Das Gupta, JM
Revenue – Appellant
Versus
Shri Parveen Kumar – Respondent


Advocates:
For the Appellants/Petitioners:Dr Rakesh Gupta (Advocate)
For the Respondents: Shri B. Srinivas Kumar (CIT)

Table of Content
1. assessment proceedings against a deceased must recognize legal heirs. (Para 1 , 2)
2. invalid jurisdiction when notices issued under deceased's name. (Para 4 , 5)
3. jurisdictional issues surrounding notice issuance are core to tax assessments. (Para 6)

आदेश/ORDER

Manoj Kumar Aggarwal (Accountant Member)

1. Aforesaid appeal by revenue for Assessment Year (AY) 2016- 17 arises out of an order of Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 23-06-2023 in the matter of an assessment framed by Ld. AO u/s 143(3) of the Act on 30-12-2018. The assessee has filed cross-objections against the revenue’s appeal wherein the assessee has raised pertinent legal grounds which read as under:

1 That having regard to the facts and circumstances of the case, the assessment order passed by Ld. A.O. ought to have been quashed inter-alia on the ground notice u/s 143(2) and other notices were not issued in the name of the legal heir but were issued in the name of the deceased assessee.

2. That having regard to the facts and circumstances of the case, the assumption of jurisdiction to pass the impugned assessment order is bad in law and

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