High CourtsDivision Bench(1978) 01 AHC CK 0063

Sukhvansh Narain Singh and Others vs Collector and Another

Allahabad High Court · Decided on 20 January 1978 · Citation: (1980) 126 ITR 113

HON’BLE JUDGES
Satish Chandra, J · Raja Ram Rastogi, J
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous Writ No. 512 of 1975

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Judgment

2 paragraphs · 177 words

Satish Chandra, J.—By an order dated April 5, 1975, the respondents attached certain agricultural properties of the petitioner for recovering dues under the Agricultural Income Tax Act. The petitioner challenges this order on the ground that no such dues were payable by the petitioner and that no notice of demand was issued to him. From the counter-affidavit, it is apparent that the agricultural Income Tax dues were payable by the father of the petitioner who was dead. u/s 19 of the U.P. Agricultural Income Tax Act, the legal representatives of an assessee are liable to pay the dues in so far as they are in receipt of the assets or properties of the deceased. The attached property originally did belong to the deceased. It is evident that the petitioners are liable to pay the demand. The notice of demand was duly served on the erstwhile asses-see. It is hence not necessary that the legal representatives must also be served with the notice of demand.

2.

The writ petition has no merits and is accordingly dismissed with costs.