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2023 (6) TMI 878 - AT - Income TaxValidity of Revision u/s 263 - proceedings initiated in the name of assessee who had passed away as on the date of initiation of 263 - order passed u/s 143(3) as erroneous and prejudicial to the interest of revenue - Gain on sale of shares - capital gain v/s business income - HELD THAT:- It is a well-settled principle of law that no order can be passed in the name of a deceased person, and various Courts, including the Hon'ble Supreme Court and jurisdictional Gujarat High Court, have consistently taken a view that such order passed in the name of the deceased person, is not valid in the eyes of law. See LATE BHUPENDRA BHIKHALAL DESAI (SINCE DECD.) [2021 (9) TMI 431 - SC ORDER], DURLABHBHAI KANUBHAI RAJPARA [2019 (10) TMI 933 - SC ORDER], CHANDRESHBHAI JAYANTIBHAI PATEL [2019 (1) TMI 353 - GUJARAT HIGH COURT], URMILABEN ANIRUDHHASINHJI JADEJA [2019 (9) TMI 356 - GUJARAT HIGH COURT], LATE BHARTI HARENDRA MODI BY HER LEGAL HEIR NIKHIL HARENDR MODI [2019 (7) TMI 544 - GUJARAT HIGH COURT]. Thus as observed that at the time when the notice u/s 263 was issued by the Principal CIT, the assessee had already expired (on 23-02- 2018), order passed under section 263 of the Act is not valid in the eyes of law,having been passed on a deceased person - Decided against revenue.
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