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2016 (2) TMI 46 - HC - Income TaxAssessment of rental income - individual v/s HUF status - ITAT held that the rental income is to be assessed in the hands of appellant-individual just because the PAN number of the appellant-individual has been indicated instead of PAN of HUF in the TDS certificate given by the Tenant, on the facts and circumstance of the case - Held that:- It is clear that the income from the property bearing No.58, Bommasandra, Bangalore was declared by the assessee as income of HUF for the previous assessment years and the subsequent assessment years including the current assessment year, the same is accepted by the authorities except the current year. It is only in the current assessment year, the authorities have assessed the income in question in the status of HUF and not as an individual. The assessee/appellant is having two PAN numbers, one as HUF and the other as an individual. If the submission made by the learned counsel for the assessee has to be accepted that the tenant has wrongly mentioned the PAN number (individual) of the assessee in the rental agreement due to some inadvertence, it would not change the status of the assessee/appellant. In such view of the matter, it requires detailed examination of the PAN numbers of the assessee in the context of the PAN number mentioned in the agreement said to have been disclosed by the tenant of the assessee. It is based on the rental agreement, the departmental authorities have proceeded to treat the assessee in the status of an individual regarding the income in question. The undisputed fact that the departmental authorities have accepted the income in question of the assessee, in the status of the HUF for the previous and subsequent years and it is only for one assessement year in question, assessed in the status of HUF would warrant interference of this Court. Such a different stand taken only for one assessment year is not appreciable in the facts and circumstances of the case. In the given circumstances, we set aside the order passed by the ITAT as well as the authorities and remit the matter back to the Assessing Officer to examine the issue afresh in accordance with law and to pass fresh assessment order as expeditiously as possible after providing an opportunity of hearing to the parties. - Decided in favour of assessee.
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