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2011 (4) TMI 115 - HC - Income TaxSearch and seizure - Individual or HUF property - In search and seizure operation, keys of the locker were found from the possession of the Assessee and in the locker K.V.P. of Rs.37.5 lakhs were found - The Assessee's contention was that it was undisclosed income of the H.U.F. and according to Assessee the H.U.F. paid the tax on that undisclosed income - The assessing authority treated the payment made by the H.U.F. to be the payment on behalf of Assessee - This issue has been considered by the appellate authority as well as by the Income Tax Tribunal - It is clear from the written statement submitted by the Assessee that the H.U.F. which has legal entity, paid the tax on undisclosed income and as such the income tax or tax on interest over K.V.P. cannot be taxed and recovered from the Assessee in his individual capacity as is sought to be recovered by the department - Decided in against of assessee.
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