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The learned counsel for the petitioner pointed out that the impugned notice under Section 148 of the Income Tax Act, 1961 came to be issued against a dead person. The petitioner, who happens to be the legal heir of the assessee - late Vidhi Pranav Shah, pointed out this fact to the officer concerned. It is submitted that despite the same, the officer intends to proceed with the proceedings pursuant to the notice issued under Section 148 of the Act.

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Section 147, 148, 159 & 292B of the Income Tax Act, 1961 — Reassessment — If a notice under section 148 was issued to a dead person instead of upon his or her legal representatives, it was valid in view of the provisions of section 292B and that in view of section 159(2)(b) and (3), the legal representative of the deceased assessee should for all practical purposes be deemed to be an assessee was not tenable and the notice issued by the Department under section 148 in the name of dead person and the order disposing of the objections raised by the legal heir and representative of the deceased assessee and all the proceedings pursuant thereto were to be quashed and set aside— Pranav Ravindrabhai Shah vs. Income tax Officer [2019] 417 ITR 200 (Gujarat)

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