Gitesh Chandulal Patel Vs PCIT (ITAT Ahmedabad)
The assessment order was passed u/s 147 of the Act on 26.03.2022 for AY 2017-18 at Rs.6,00,620/- against the returned income of Rs.3,98,620/- . During the pendency of assessment proceedings assessee died and notice u/s. 142(1) dated 12.03.2022 has been issued to legal heir/representative of the assessee as per provisions u/s. 159. Assessee was asked to produce the details and source of cash deposit made during the demonetization. PCIT exercised jurisdiction u/s 263 and set-aside the assessment order.
During the appellate proceedings ITAT observed that assessee has passed away after the proceedings were initiated which was intimated to the AO by furnishing the death certificate. Thus, it is a matter on record that the assessee has expired before completion of the assessment. In spite of having the relevant information on record, PCIT has passed an order u/s 263 in the name of the deceased assessee.
Appeal filed by assessee allowed and order u/s 263 was set-aside.
FULL TEXT OF THE ORDER OF ITAT AHMEDABAD
1. This appeal has been filed by the Assessee against the order passed by the Ld. Principal Commissioner of Income-tax, Ahmedabad-3 (hereinafter referred to as “PCIT” for short), dated 06.02.2024 in exercise of his revisionary powers under Section 263 of the Income-tax Act, 1961 [hereinafter referred to as “the Act”], for the Assessment Year (AY) 201718.
