The first article deals with the assessment or reassessment of deceased assessees under the Income-tax Act. It highlights that any tax proceedings initiated or continued in the name of a deceased individual are void ab initio unless the legal heirs are properly brought on record.
Section 159 of the Act mandates substitution of legal representatives for valid continuation of proceedings. Courts have consistently ruled that mere participation of legal heirs does not cure the jurisdictional defect. Several judgments, including Sowmya S. v. ITO and Vikram Bhatnagar v. ACIT, reaffirm this principle. The article categorically stresses the legal necessity of initiating proceedings against living persons or their rightful legal heirs.
The second article highlights how timely filing of Form 10-IE/10-IEA (for concessional tax regime), Form 67 (for foreign tax credit), and Form 10B/10BB (for audit of trusts) is critical—but not fatal if delayed. Courts and tribunals have consistently ruled that procedural lapses should not override genuine taxpayer intent and eligibility. Substance trumps form here.
The document highlights key CBDT updates like exemptions under Sections 10(46)/(46A), revised Forms 3CD, 26Q/27Q, safe harbour rule changes, and a new zero-coupon bond. It also summarizes Circulars 04/2025 and 05/2025 granting relief for late Form 10-IC filing and interest waiver on delayed TDS/TCS due to tech glitches.
Key Topics:
- Assessment of deceased assessee
- Practical implications of filing of form 10-IE vis a vis form 67 vis a vis form
10B - CBDT Notifications for the month of March – 2025
- CBDT Circulars for the month of March – 2025
