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Income Tax - Highlights / Catch Notes

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Reopening of assessment - AO was not aware about the death of ...


Notice u/s 148 Valid Despite Issuance in Deceased's Name Due to AO's Lack of Knowledge.

May 12, 2020

Case Laws     Income Tax     AT

Reopening of assessment - AO was not aware about the death of the assessee at the relevant time when he issued notice under section 148 of the Act. Therefore, notice issued by the AO under section 148 of the Act cannot be held as invalid in view of the fact that the AO during the relevant time was unaware of such vital fact. Therefore, the AO cannot be faulted for issuing notice in the name of the deceased assessee under section 148 in the present given facts and circumstances.

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