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The only issue is to be decided as to whether the CIT(A) justified in deleting the addition made by the AO on account of difference between sale consideration and market value of properties in the hands of alleged legal heir of deceased assessee in the facts and circumstances of the case.

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Section 159 of the Income Tax Act, 1961 — Legal Representative — After expiry of assessee, a notice was issued to one S under section 142(1) and assessment was complete in view of fact that there was no evidence on record showing that S was legal heir of deceased assessee, impugned addition was to be deleted — Income Tax Officer vs. Ratindranath Bhattacharya [2019] 2019 ITD 349 (Kolkata—trib) 

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