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2022 (3) TMI 767 - AT - Income TaxReopening of assessment u/s 147 - income arising out of the sale of the land - Assessment in hands of assessee individual or HUF - proceedings on assessee's HUF by issue of notice u/s. 148 and had brought the same income arising out of the conversion of land in subsequent sale of tax substantially in the hands of the assessee - HELD THAT:- We notice that the land was family property until partition and the assessee got the share as part of the partition deed executed on 28/06/2012 and the issue here is whether the income arising out of the sale of the land should be assessed in the hands of the assessee in his individual capacity or in the hands of assessee's HUF. The proceedings initiated u/s. 148 assessing the same income in the hands of Assessee's HUF is in appeal before the CIT(A)-4. In the impugned order under appeal here, the CIT(A) has decided that the income should be assessed in the hands of the assessee's HUF merely based on the fact that the same income is also assessed in HUF and is subjudice. CIT(A) has not gone into the merits of the case to come to the conclusions that the income should be assessed in the hands of the HUF. We therefore remand the case back to CIT(A) to consider the materials on record and decide the issue accordingly after giving reasonable opportunity of being heard to the assessee. Appeal of the assessee is allowed for statistical purposes.
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