TMI Blog2019 (12) TMI 1250X X X X Extracts X X X X X X X X Extracts X X X X ..... ken by the ITO, Proddatur and therefore it is to be deemed that the AO/ITO was satisfied with the explanation given by the assessee-HUF. Once the AO of the assessee-HUF has accepted the source for the deposits made into its accounts, the creditworthiness of the HUF has been accepted by the ITO and therefore, the same cannot be doubted in the hands of the individual. In view of the same, inclined to delete the addition - Decided in favour of assessee. - I.T.A. No. 797/HYD/2018 - - - Dated:- 22-11-2019 - Smt. P. Madhavi Devi, Judicial Member For the Assessee : Shri A.C.Gangaiah, AR For the Revenue : Smt. E.N.Hangal, DR ORDER This appeal filed by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount of ₹ 12 Lakhs is concealed income. It was further submitted that the AO had issued notice to the assessee s-HUF to explain the deposits made into bank account of the HUF to the extent of ₹ 9,85,000/- and the assessee had submitted reply and thereafter no action was taken and therefore, the addition cannot be made in the hands of assessee. The Ld.CIT(A), however, held that the assessee has not discharged his burden of proving that the transaction between the assessee and his HUF is genuine and that the creditworthiness of lender-HUF is proved. Therefore, he granted partial relief and confirmed the addition to the extent of ₹ 9,85,000/- only. Aggrieved, the assessee is in second appeal before the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e AO i.e., ITO Ward-1, Proddatur, dt.16-07-2019, stating that the assessee has been filing his returns of income in HUF capacity w.e.f. AY.2011-12 to AY.2018-19 and only for the AY.2012-13, the return of income in HUF status was filed on 01-04-2013 belatedly and the same was processed by the CPC, Bengaluru on 14-05-2013 and that no scrutiny assessment was done in that case for the AY.2012-13 in the HUF status. 6. Having regard to the rival contentions and the material on record, I find that the HUF has filed its return of income for the AY.2012-13 and the CPC, Bengaluru has processed the return also on 14-05-2013. It is not known under which provisions or proceedings, the AO has issued notice dt.13-10- 2014, requiring the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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