Delhi High Court: Assessment Order Passed Against The Dead Person Without Bringing On Record Legal Heirs Is Void

The Delhi High Court in the case Vikram Bhatnagar Versus ACIT observed and has quashed the assessment order which is being passed against the dead person without bringing on record all his legal representatives is void.

The division bench comprising of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed and has stated that his legal heirs duly communicated the death of the assessee. Also, it has been duly disclosed by the ITR that it was filed by the legal representative. Thus, due to a lack of knowledge of the facts of the case on the record, the scrutiny proceedings were wrongfully conducted in the name of the deceased assessee without bringing all of his legal heirs to the record as required by the law.

In the present case, the petitioner, the Late Virendra Kumar Bhatnagar is the son of the deceased assessee, , who died on 10.03.2018.