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2013 (5) TMI 722 - AT - Income TaxStatus of HUF - whether CIT(A) erred in granting the assessee the status HUF & deleting the addition made being the capital asset treated as income of AOP - Held that:- CIT(A) while deleting the addition by his well reasoned order has given a finding that after perusing the various documents, the gift of Rs. 11,000/- has been rightly shown as capital of HUF of Paresh M. Shah HUF. With respect to gift of Rs. 5 lacs CIT(A) has held that gift was recorded in memorandum of gift, & it was reflected in the return of donor and as well as ledger of assessee, which along with other documentary evidence support the contention that the assessee had received the gifts. He has further held that provisions of sub section 9 of Section 171 are effective for partitions effected after 31.12.1978 but the partition of Mansukhlal M. Shah HUf has been effected on 1.11.1978. As Revenue could not controvert the findings of CIT(A) no reason to interfere with the order of CIT(A) and thus dismiss the appeal of Revenue.
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