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Bombay High Court

Late Mr Pratap Lalchand Shah (AY 2017 18)versusIncome Tax Officer Ward 5(1) Pune

Decided
Disposal
Disposed Off

Holding

The Court quashed the Show Cause Notice, the Section 148A order, the re‑opening notice, the assessment order and the demand notice, while allowing the Revenue to pursue fresh reassessment against the legal heir if permissible.

Summary

The petitioner, Nilesh Pratap Sagalia, a legal heir of the deceased Mr. Pratap Lalchand Shah, filed a writ petition seeking to quash a Show Cause Notice, an order under Section 148A, a re‑opening notice under Section 148, the subsequent assessment order and demand notice for Assessment Year 2017‑18. The challenge was premised on the fact that all the notices and orders were issued in the name of the deceased after his death on 25 September 2018, rather than in the name of the legal heir. The Revenue Department, through an Income Tax Officer, acknowledged that notices issued in the name of a dead assessee are non‑est and therefore invalid, but also indicated that the case could be reopened against the legal heir because the tax liability exceeded Rs 50 lakh. The Court held that the petitioner’s prayer to quash the impugned notices and orders was justified, ordered their cancellation, and nevertheless permitted the Revenue to initiate fresh reassessment proceedings against the legal heir if law permits. The petition was disposed of with the relief granted and no order as to costs.

Issues considered

  • Whether notices and orders issued under Sections 148, 148A(b) and 148A(d) of the Income Tax Act in the name of a deceased assessee are valid.
  • Whether the assessment order and demand notice issued thereafter can be set aside.
  • Whether the Revenue may reopen reassessment proceedings against the legal heir of the deceased despite the quashing of the earlier notices.

Legislation cited

Subjects

  • Income Tax
  • Section 148
  • Section 148A
  • Legal heir
  • Deceased assessee
  • Writ petition
  • Quashing of notice
  • Reassessment

Judgment

                                                                                               14. WP 3674.2026.doc
                                                                                Nilesh Pratap Sagalia Legal vs. IT Officer




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION

                         WRIT PETITION NO. 3674 OF 2026


Nilesh Pratap Sagalia Legal Heir of
Late Mr. Pratap Lalchand Shah                                                        … Petitioner
         V/s.
Income Tax Officer, Ward 5(1), Pune and Ors.                                         … Respondents
                    _______________________________________

Mr. Bhuvanesh Kankani a/w. Mayur Suhas Garad for the Petitioner
Mr. Vikas Khanchandani for the Respondents/Revenue
                _______________________________________

                                         CORAM : B.P. COLABAWALLA AND
                                                 FARHAN P. DUBASH, JJ.

                                         DATE                 : 11th SEPTEMBER 2026
P.C. :

1.       The above Writ Petition is filed seeking to quash and set aside the Show

         Cause Notice dated 28th June 2021 issued under Section 148A(b) of the

         Income Tax Act, 1961 (“the Act”), the impugned Order dated 21st July 2022

         passed under Section 148A(d) of the Act, and impugned re-opening Notice

         dated 21st July 2022 issued under Section 148 of the Act. Additionally, the

         Assessment Order passed pursuant to the said Notice dated 8 th May 2023 and

         the impugned Demand Notice of the same date issued under Section 156 of

         the Act are also assailed.




                                                   Page 1 of 4
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                                      Order dated 11th September 2026
                                                                                       14. WP 3674.2026.doc
                                                                        Nilesh Pratap Sagalia Legal vs. IT Officer




2.   The Assessment Year in question is Assessment Year 2017-18. The principal

     ground on which all these Notices and Orders are challenged is that initially

     the Show Cause Notice as well as the Order passed under Section 148A(b) as

     well as the impugned Notice under Section 148 of the Act were all issued in

     the name of a dead person viz. Mr. Pratap Lalchand Shah (the father of the

     Petitioner), who passed away on 25th September 2018.


3.   After the aforesaid Petition was served upon the Respondent - Revenue, the

     learned Counsel appearing on behalf of the Respondent – Revenue has

     received written instructions from one Mr. Sanjeev Kumar Sharma, Income

     Tax Officer (HQ) 3(2), Pune instructing the learned Advocate that in view of

     the fact that Mr. Pratap Lalchand Shah had already expired by the time the

     re-assessment proceedings were initiated, a request may be made to the High

     Court to quash and set aside the current re-assessment proceedings. These

     written instructions are tendered to the Court which are taken on record and

     marked ‘X’ for identification. For the sake of convenience, the said

     instructions are reproduced hereunder :-




                                           Page 2 of 4
                              ---------------------------------------
                              Order dated 11th September 2026
                                                                                       14. WP 3674.2026.doc
                                                                        Nilesh Pratap Sagalia Legal vs. IT Officer


“To,
Adv. Vikas Khanchandani
Sr. Standing Counsel,
A-604, Garden Estates, Off Link Road,
Laxmi Nagar, Goregaon West, Mumbai – 400 104
Sir,
Sub:    Directions in the case of Nilesh Pratap Sagalia as legal heir of deceased (his father)
        Mr. Pratap Lalchand Shah for AY 2016-17          to 2018-19 in Writ Petitions filed
        by the assessee and withdrawal of appeal filed before Hon’ble High Court-reg..

Ref.: Your E-mail dated 19/03/2026

                                                           *****

Kindly refer to the above.

02.     As reported by the AO, proceedings u/s. 148 of the Act for all the AYs involved
were initiated in the name of the deceased person i.e. Mr. Pratap Lalchand Shah after his
death i.e. 25/09/2018 rather than in the name of his legal heir Mr. Nilesh Pratap Sagalia.
Therefore, in view of the present legal position, the notices issued u/s. 148 of the Act in the
name of a deceased person is non-est and therefore, the proceedings are not valid even
though the assessment is completed in the name of Nilesh Pratap Sagalia, legal heir of
Pratap Lalchand Shah.

03.     However, the information received in these cases were consequent to a search &
seizure action in the case of Shri Renuka Mata Multi Urban Co-operative Credit Society
Ltd. Therefore, the case in the name of Nilesh Pratap Sagalia as legal heir of deceased (his
father) Mr. Pratap Lalchand Shah will be re-opened u/s 148 of the Act as the quantum is
more than 50 lacs for all the AYs.

03.    In view of the above-mentioned facts, a request may be made to the Hon’ble HC to
be quash and set aside the current assessment proceedings.

                                                                             Yours faithfully,

                                                                        (Sanjeev Kumar Sharma)
                                                       Income Tax Officer (HQ) 3(2), Pune
                                              O/o Pr. Commissioner of Income Tax-3, Pune.
Encl: A/a
Copy to:
1. The Addl.CIT, Range-5, Pune
2. The ITO, Ward-5(1), Pune
                                                      Income Tax Officer (HQ) 3(2), Pune
                                             O/o Pr. Commissioner of Income Tax-3, Pune.”




                                           Page 3 of 4
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                              Order dated 11th September 2026
                                                                                                                 14. WP 3674.2026.doc
                                                                                                  Nilesh Pratap Sagalia Legal vs. IT Officer




                4.        In light of the aforesaid letter, we allow the above Writ Petition in terms of

                          prayer Clause (a), which reads thus :-


                                    “a. that this Hon'ble Court be pleased to issue a Writ of Certiorari or any other
                                    appropriate Writ, Order or Direction under the Article 226 of the Constitution of
                                    India calling for all papers and proceedings of the Deceased's case for the AY
                                    2017-18; and after examining the validity, legality and propriety thereof quash,
                                    cancel and set aside the Impugned Show Cause Notice under section 148 Act
                                    dated. 28th June 2021, Impugned Order under section 148A(d) of the Act dated
                                    21st July 2022, Impugned Notice under section 148 of the Act dated 21 st July
                                    2022, Impugned Assessment Order passed under section 147 r.w.s 144 of the Act
                                    on 8th May 2023 and Impugned Demand Notice issued under section 156 of the
                                    Act on 8th May 2023, issued by Respondent No. 1;”


                5.        The Respondent - Revenue is now free to take out appropriate proceedings

                          for re-assessment against the legal heirs of Mr. Pratap Lalchand Shah, if

                          otherwise permissible in law.


                6.        The Writ Petition is disposed of in the aforesaid terms. However, there shall

                          be no order as to costs.


                7.        This order will be digitally signed by the Private Secretary/Personal Assistant

                          of this Court. All concerned will act on production by fax or email of a

                          digitally signed copy of this order.



                              ( FARHAN P. DUBASH, J. )                                ( B. P. COLABAWALLA, J. )

                Jyoti Pawar
        Digitally
        signed by
        JYOTI
JYOTI   PRAKASH
PRAKASH PAWAR
PAWAR   Date:
        2026.09.17
        19:53:01
        +0530

                                                                     Page 4 of 4
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                                                        Order dated 11th September 2026


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