1986 (7) TMI 80 - HC - Income Tax

Summary

Issues Involved:
The judgment involves issues related to the validity of assessment proceedings under section 144B of the Income-tax Act, 1961, specifically focusing on the representation of all legal representatives of a deceased assessee.

Details of the Judgment:

1. Validity of Assessment Proceedings:
The Tribunal referred three questions regarding the assessment proceedings for the assessment year 1973-74. The primary issue was whether the assessment should be done de novo from the stage of section 144B proceedings after issuing notices to all legal representatives. The Tribunal held that the proceedings should be redone from the stage of section 144B to consider objections from all legal representatives, even though the initial notice was only served to one legal representative.

2. Representation of Legal Representatives:
The case involved the original assessee, Muddusuvarna, who passed away leaving behind multiple legal representatives, including Ashok Kumar. The Income-tax Officer initially issued a notice only to Ashok Kumar under section 139(2), leading to a contention that all legal representatives should have been notified. The Tribunal agreed that all legal representatives should be involved in the assessment proceedings to ensure proper representation of the deceased's estate.

3. Applicability of Legal Precedents:
The High Court referenced the decision in Guduthur Bros. v. ITO [1960] 40 ITR 298 to support the continuation of proceedings from the stage of an identified irregularity. The Court emphasized the importance of considering objections from all legal representatives before finalizing the assessment.

In conclusion, the High Court affirmed the Tribunal's decision to redo the assessment proceedings from the stage of section 144B after issuing notices to all legal representatives. The Court highlighted the necessity of involving all legal representatives for a valid assessment process and rejected the contention that participation by one representative precludes raising objections by others.