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TMI Blog2024 (2) TMI 836X X X X Extracts X X X X X X X X Extracts X X X X ..... eals:- "1.0 The grounds of appeal mentioned hereunder are without prejudice to one another. 2.0 The order u/s 263 of the Income-tax Act, 1961 [hereinafter referred to as the "Act"] passed by the learned Principal Commissioner of Income Tax-2, Rajkot (hereinafter referred to as the "Pr CIT") is without jurisdiction and bad in law as also on facts and deserves to be quashed any may kindly be quashed. 3.0 The Ld. Pr. CIT erred on facts as also in law in alleging that the order u/s. 143(3) of the Act is not only erroneous but also prejudicial to the interest of the revenue as the Assessing Officer (AO) has not made any inquiry and verification regarding the cost of the property and taken the document price for the purpose of cost which wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he property was on the higher side, there was escapement of income and hence, the AO reopened the assessment. The assessee did not file return of income in response to the notice under Section 148 of the Act. Even the notices issued during the assessment proceedings remained unattended. Therefore, the best judgment assessment was passed on 23.02.2015 under Section 143(3) r.w.s. 147 of the Act, determining total income of Rs. 12,25,000/- on account of Long Term Capital Gain. In the order passed under Section 144 r.w.s. 147, the AO had adopted the stamp duty valuation as full value of consideration by invoking the provisions of Section 50C of the Act. 4. However, the PCIT observed that while framing the assessment order, the Ld. Assessing Of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel for the assessee submitted that the order passed by PCIT under Section 263 of the Act is bad in law for the reason that the original assessment order has been framed in the name of a deceased person. It was submitted before us that it is a well established law that assessment order framed in the name of a deceased person is bad in law and hence, void ab initio. Therefore, since the original assessment order itself is void ab initio, therefore, the assessment order cannot be subject matter of revision under Section 263 of the Act. The Counsel for the assessee placed reliance on the case of Chandresh Bhai vs. ITO 101 taxman.com, 362 (Gujarat High Court) on the proposition that no order can be passed in the name of a deceased person. 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the Income Tax law which requires the legal heirs to intimate the Income Tax Department about the death of the assessee, we are of the view that the assessment order cannot be to be held to be valid in the eyes of law only for the reason that the legal heirs of the deceased assessee has not informed the Income Tax Department about the death of the assessee. Further, it is a well established law that no assessment can be framed in the name of a person who has since expired. Any assessment order framed in the name of a deceased person without bringing the legal y-heirs of such person on record, is invalid in the eyes of law. In the case of Pravinchandra A Shah 154 taxmann.com 616 (Gujarat), the High Court held that reopening notice unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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