2013 (11) TMI 154 - AT - Income Tax

Income assessed in hands of HUF Capital gain on sale of property and interest income on investment belonging to HUF Held that - The ancestral property was received by two brothers and the same was divided by two brothers by entering into an agreement between them - The assessee has shown capital gain on sale of his share and interest income in the hands of HUF and taxed thereunder - Copy of the return filed in Hindu undivided family capacity was furnished by the assessee in his appeal - To avoid double taxation the same cannot be assessed again in the individual capacity to avoid double taxation Decided in favour of assessee.

Summary

Issues:
Appeal against assessment of capital gain and interest income in individual capacity of Hindu undivided family.

Analysis:
The appeal was filed against the assessment of capital gain and interest income of the assessee's Hindu undivided family in his individual capacity. The Assessing Officer observed investments made by the assessee in fixed deposits, mutual funds, and an agreement on the sale of a property. The assessee claimed that the property belonged to the Hindu undivided family and disclosed the capital gain and interest income in the family's hands. However, the Assessing Officer rejected this claim due to lack of evidence and assessed the income in the individual's capacity.

Before the Commissioner of Income-tax (Appeals), the same contentions were raised but were not accepted. The assessee then appealed to the Tribunal, reiterating the disclosure of income in the Hindu undivided family's hands. The Tribunal noted that the ancestral property was divided between two brothers, with the assessee selling his share and showing the income in the family's capacity. The Tribunal found that the income had been disclosed in the family's returns, accepted by the Department, and held that the same income cannot be assessed again in the individual's capacity.

The Tribunal concluded that since the income was already shown and accepted in the Hindu undivided family's returns, it cannot be assessed again in the individual's capacity. Therefore, the addition of capital gain and interest income in the individual's assessment was deleted, and the appeal of the assessee was allowed. The judgment highlighted the importance of consistent disclosure and acceptance of income by the tax authorities to prevent double assessment.

In summary, the Tribunal ruled in favor of the assessee, emphasizing that income disclosed in the Hindu undivided family's returns cannot be assessed again in the individual's capacity. The judgment underscored the significance of proper documentation and consistent reporting of income to avoid discrepancies in assessments.