Notice u/s 148


This query is : Resolved 

19 November 2013 asseesee has sale immovable propety of rs 5,00,000/- during AY 2006-07.
assessee died in the year 2008
he has not filed return
notice u/s 148 is issued to him in 2013.
wheter notice is considered as valid or not.
Legal represntative of the assessee has no idea regarding such transaction.
is there any liability of legal representative of the asssessee regarding it?

19 November 2013 u/s 159 legal rep will have to reply if its valid.
notice is valid only if it is served by 31.3.2013 i.e 6 years from end of relevant AY as amount is more then 1,00,000.

20 November 2013 a notice shall be treated as valid only if it is issued in the name of the legal representative.

Therefore, in this case the said notice shall not be valid. However, AO has to option to reissue the notice against the legal representative name.

Having said that, as Tushas said, any notice issued after six years' time has elapsed, you need not worry at all.


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