1999 (4) TMI 460

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..... directed against the order of the CIT(A) dated 17-2-1993 for assessment year 1987-88. 2. The facts in brief are that the assessee filed the return of income for the assessment year 1987-88 in the status of individual showing his 1/4th share of capital gains out of the compensation received from the State Government in lieu of acquisition of land bearing survey No. 1069 by the State Government. .....

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..... appearing on behalf of the assessee raised the preliminary legal objection to the validity of the assessment on the ground that whereas the return was filed in the status of individual, the Assessing Officer has proceeded to make the assessment in the status of HUF of the assessee. The learned counsel contended that in case the department held the view that the capital gains in respect of the enti .....

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..... e assessee with regard to adopting the status as HUF. 5. After careful consideration of the rival submissions, we are inclined to cancel the impugned assessment made by the Assessing Officer as null and void and thus allow the appeal of the assessee. We hold that there could not be valid assessment in the status of an HUF when return of income was filed in the status of the individual. If the .....

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