TMI Blog2022 (1) TMI 844X X X X Extracts X X X X X X X X Extracts X X X X ..... of assessee. - W.P.(C) 9227/2021 - - - Dated:- 17-1-2022 - HON'BLE MR. JUSTICE MANMOHAN AND HON'BLE MR. JUSTICE NAVIN CHAWLA Petitioner Through : Mr.Jitender Kumar, Adv. Respondent Through : Mr.Sanjay Kumar, Sr.SC with Ms.Easha Kadian, Adv. NAVIN CHAWLA, J. (Oral) The petition has been heard by way of video conferencing. 1. The present petition has been filed by the petitioner challenging the notice dated 30.03.2019 issued by the respondent under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as the Act ) and all consequential proceedings emanating therefrom including orders passed by the Assessing Officer. 2. The petitioner is the son of Late Sh. Bhanger Singh Tanwar (hereinafter re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act was thereafter passed on 23.12.2019 making an addition of ₹ 48,53,000/ under Section 69A of the Act being unexplained cash deposit. Penalty proceedings under Sections 271(1) (c), 271(1)(b) and 271F were also initiated by issuing a Show Cause Notice, again served at the same address. Though, all the correspondences to the Assessee were made through speed post, none of the correspondence prior to the assessment order dated 23.12.2019 was received back through postal agency in the office of the respondent. Only the assessment order was received back with the remark that the addressee had died. 6. The learned counsel for the respondent submits that the factum of death of the Assessee was never communicated to the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed would not render the challenge to jurisdiction infructuous. xxxxx THE SINE QUA NON FOR ACQUIRING JURISDICTION TO REOPEN AN ASSESSMENT IS THAT NOTICE UNDER SECTION 148 SHOULD BE ISSUED TO A CORRECT PERSON AND NOT TO A DEAD PERSON. CONSEQUENTLY, THE JURISDICTIONAL REQUIREMENT UNDER SECTION 148 OF THE ACT, 1961 OF SERVICE OF NOTICE WAS NOT FULFILLED IN THE PRESENT INSTANCE. xxxxx 26. In the opinion of this Court the issuance of a notice under Section 148 of the Act is the foundation for reopening of an assessment. Consequently, the sine qua non for acquiring jurisdiction to reopen an assessment is that such notice should be issued in the name of the correct person. This requirement of issuing notice to a correct perso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the deceased assessee or the deceased assessee may have bequeathed his entire wealth to a charity. Consequently, whether PAN record was updated or not or whether the Department was made aware by the legal representatives or not is irrelevant. In Alamelu Veerappan (supra) [2018 (6) TMI 760 Madras High Court ] it has been held nothing has been placed before this Court by the Revenue to show that there is a statutory obligation on the part of the legal representatives of the deceased assessee to immediately intimate the death of the assessee or take steps to cancel the PAN registration. xxxxx 34. Consequently, the legal heirs are under no statutory obligation to intimate the death of the assessee to the Revenue. SECTION 29 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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