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2023 (2) TMI 259 - ITAT SURATPenalty u/s 271E levied on the deceased person - cash loans from Asharam Bapu Group - violation of provisions of Section 269T - revenue submits that the representative of the assessee never informed about the death of assessee either at the time of issuance of show cause notice or during the penalty proceedings - CIT-A deleted penalty levy - HELD THAT:- Out of Rs. 5.00 crores taken as cash loan, as found from the evidence seized during the course of search, the HUF of assessee offered Rs. 2.00 crores in IDS and balance of Rs. 3.30 crores were brought to tax u/s 69A in the hands of HUF of assessee in the assessment completed by ITO, Ward 1(3)(1), Surat u/s 143(3) of the Act. No addition of cash loan was made in the hand of individual assessee. When the loan was taken in the hand of HUF, the penalty for repayment of loan cannot be levied in the hands of assessee individual. On legal issue the ld CIT(A) also held that assessment order under Section 143(3)/153A of the Act was passed on 30/12/2017 in the name of legal heirs of assessee. The notice of penalty was served in the name of dead person; no notice was served on the legal heirs of the deceased assessee. Such notices issued in the name of dead person, is not curable even by applying provisions of Section 292B as has been held in Sumit Balkrishna Gupta [2019 (2) TMI 1209 - BOMBAY HIGH COURT] and.Vikram Singh [2018 (1) TMI 1115 - DELHI HIGH COURT] and Rajendra Kumar Sehgal [2018 (12) TMI 697 - DELHI HIGH COURT] By referring the aforesaid decision, the ld. CIT(A) held that the penalty levied on deceased person is null and void. In our view the order passed by ld CIT(A) does not require any interference, which we affirm. - Decided against revenue.
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