2013 (6) TMI 788

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....he case are that the assessee (who died on 03.12.2011) is an 'individual', engaged in the business of exporting fabric and garments. For the impugned Assessment Year, he had filed his return declaring income of  Rs. 80,507/-. The same was 'summarily' processed. 3. It transpires from the case file that there was a 'search' in the premises of one Bharat Shah group cases on 13.3.2008. During the course thereof, the department is stated to have come across record of transactions pertaining to sale of flats by M/s.Layer Exports Pvt. Ltd. to the assessee. There were two flats bearing No.13 and 14 in Necklace View Legend Cooperative Society Ltd., Mumbai. As per the department, in purchasing the said flats, the assessee & Smt. Maya Mehta {a....

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....avers that since the prior approval of JCIT under sec.153B of the Act had not been obtained, the impugned assessment is null and void. 7. In the course of hearing the assessee reiterates the grounds and prays for acceptance of the appeal. 8. Opposing this, the Revenue strongly argues that the instant appeal is not maintainable. By drawing our attention to the paper book available on record containing the deceased assessee's will dated 10.11.2011, it inter alia submits that the present appellant (by the name of Shri Nilesh R. Mehta) has not inherited any property of the assessee nor he is named as a trustee in the 'trust' formed by the deceased assessee, in whose favour all assets have been bequeathed. Thereafter, it referred to sec.2(....