Whether notice of tax demand served to a deceased person is valid ?
TRT-2026-1695

Issue Favourable to Tax Payer ?:- yes

Held - It is clear from the facts that the show cause notice and order both were uploaded on the portal and the same, was accordingly, not known to the legal heirs of the proprietor of the firm. The wife of Mr. Surendra Kumar has also expired and the writ petitioner, who is the son of Mr. Surendra Kumar, has filed this writ petition challenging the show cause notice and order on the ground that the s.....

TRT-2026-1696

Issue Favourable to Tax Payer ?:- yes

Held - A perusal of the Section 93 would reveal that the same only deals with the liability to pay tax, interest or penalty in a case where the business is continued after the death, by the legal representative or where the business is discontinued, however, the provision does not deal with the fact as to whether the determination at all can take place against a deceased person and the said.....

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