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2023 (6) TMI 610 - AT - Income TaxReopening of assessment u/s 147 - Taxability of capital gains in the capacity of a Legal Representative of deceased assessee [mother] - co-ownership in property - one of the co-owners is solely picked out - real owner v/s ‘nominee’ in property of deceased assessee [mother] - assessee replied stating that his original return of income filed may be treated as return filed in response to the notice u/s 148 - HELD THAT:- As rightly observed by the CIT(A), the status of the assessee is obfuscated from the inception. AO recorded the reasons that the assessee had to account for the capital gains in the capacity of a Legal Representative of his mother and as a matter of fact, the notice under section 148 also reads the same. But in all the communication, the PAN of the assessee is referred to the PAN in his individual capacity. In these circumstances, the assessee seems to justify his request to treat the original return of income as the return of income in response to section 148 notice. Even if AO passed the assessment order by showing the assessee as the Legal Representative of late Smt. V. Rajyalakshmi, but he considered the return of income filed with PAN of the assessee [LR] and took into consideration the professional income returned by the assessee. In these circumstances, we find it difficult to hold that the learned CIT(A) committed any error. In the reasons recorded themselves show that the assessee is not the sole Legal Representative of late assessee and according to the reasons there is another brother - Hon'ble Madras High Court in the case of CIT vs. Muthukarupan [2006 (9) TMI 140 - MADRAS HIGH COURT] upheld the findings of the Tribunal that it would be travesty of justice if one of the co-owners is solely picked out and an enhanced income for the same property is attributed in his hands. Decided against revenue.
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