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Assessment of deceased person

Court :

Brief :
Case Fact: Whether assessment framed by the Assessing officer against a dead person without bringing the legal representative on record was justified.

Citation :
C.I.T. Vs. Dalumal Shyamumal

Decision: Held by the Hon'ble court that where an assessee dies, pending any assessement proceedings,it is the duty of the assessing officer to ensure compliance of section 159(2) before passing any orders.Therefore, the assessement order passed by the assessing officer was not justified.

CA. A. Kumar
on 10 July 2008
Published in Income Tax
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