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2021 (12) TMI 807 - ITAT MUMBAIReopening of assessment u/s 147 - legality of the re-assessment proceedings - Assessment against legal heir of Late assessee V.C. Mehta - HELD THAT:- As during the search operation information relating to the HSBC bank account was brought to the notice of Mr. Anoop Mehta, who is one of the legal heir of Late Vrajlal C. Mehta. Mr. Anoop acknowledges the information brought to his notice by the Department and he referred the same information to the executer of the estate of late Shri Vrajlal C. Mehta. This fact was disclosed to the revenue and the AO also acknowledges the same. The Revenue also initiated the proceedings in the name of executors of estate of Late V.C. Mehta in A.Ys. 2006-07 & 2007-08. For this AY in 2006-07, the AO completed the re-assessment in the name of Anoop Mehta as legal heir. This is clearly an initiation of proceedings with wrong jurisdiction similar to AY 2007-08. We observe that in AY 2007-08, the Co-ordinate Bench has quashed the order passed by AO and findings of Ld. CIT(A). We also observed from the record that in AY 2006-07, AO accepted the RoI filed by the executors of Late Vrajlal C. Mehta under the PAN of Late Shri Vrajlal C. Mehta. But the assessment order was passed in the name of Shri Anoop V. Mehta as a legal heir of Late Vrajlal C. Mehta. Since the issue was already decided by the Co-ordinate bench and the Executors of the Estate also declared the income and paid the relevant taxes on the same amount which is the subject matter in this appeal. Therefore, we do not see any reason to interfere with the findings of ld. CIT(A). Therefore, we are inclined to dismiss the grounds raised by the Department.
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