TMI Blog2013 (12) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... me tangible new material before changing the status - The same is absent in the instant cases - Decided in favour of assessee. - Income Tax Appeal No. - 226 of 2006, Income Tax Appeal No. - 99 of 2007, Income Tax Appeal No. - 112 of 2007, Income Tax Appeal No. - 169 of 2006, Income Tax Appeal No. - 171 of 2006 - - - Dated:- 28-11-2013 - Hon'ble Rajiv Sharma And Hon'ble Dr. Satish Chandra,JJ. For the Appellant : D. D. Chopra For the Respondent : Neeraj Gupta,U. K. Srivsatava ORDER (Delivered by Hon. Dr. Satish Chandra, J) All the present appeals have been filed by the Department under Section 260A of the Income-tax Act, 1961, against the different judgments and orders passed by the Income Tax Appellate Tribunal, Lucknow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n addition to the regular opportunities for hearing? The brief facts of the case are that M/s Shiv Shakti Enterprises filed its return of income, in the capacity of HUF, where Shri Gautam Rastogi was the Karta and Smt. Saroj Rastogi, his mother was a member. During the assessment proceedings, it was found that a property under equal ownership of two HUF namely M/s. Shiv Shakti Enterprises and M/s G.R. Agencies was purchased. Therefore, the A.O. while rejecting the claim of M/s Shiv Shakti Enterprises being an HUF, advised that Sri Gautam Rastogi may be assessed on substantive basis in respect of the income from house property. Accordingly, proceedings under Section 147 was initiated in the case of Sri Gautam Rastogi for the assessment yea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accordingly. None appeared on behalf of the assessee, though the service is sufficient as per office report dated 10.01.2013. After hearing learned counsel for the Department and on perusal of the record, it appears that for the assessment year 1996-97, the assessee has filed the return in the capacity of HUF. Sri Gautam Rastogi was the Karta and Smt. Saroj Rastogi, his mother was the member. The A.O. got the information that the assessee had quoted two non genuine HUF, namely, M/s. Shiv Shakti Enterprises and M/s. G.R.Agencies having common letters and made a huge investment in a house property at New Delhi. The A.O. found that the status of the HUF is not genuine. So, the income was assessed in the hands of Sri Gautam Rastogi in his ..... X X X X Extracts X X X X X X X X Extracts X X X X
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