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TMI Blog2013 (11) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment year 2008-09. The assessee is objecting to confirmation of the assessment of capital gain of the assessee's Hindu undivided family in his individual capacity and also assessing the interest income belonging to the Hindu undivided family in the individual capacity of the assessee. On receiving some AIR information, the Assessing Officer noted that the assessee has made investment i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l as interest in the hands of the individual and completed the assessment accordingly. Before the learned Commissioner of Income-tax (Appeals), detailed submissions were filed. The same contentions were reiterated before the Commissioner of Income-tax (Appeals). However, the learned Commissioner of Income-tax (Appeals) was also not satisfied with the contention of the learned authorised represent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd showing interest in hands of Hindu undivided family is placed. The copy of balance-sheet, etc., in the name of Hindu undivided family is also placed at page 72 onwards. Accordingly, it was submitted that the same income cannot be assessed in two hands. Accordingly, it was prayed that the addition made in the hands of the individual on account of capital gain and interest be deleted. On the oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. The same has been accepted by the department. Therefore, I hold that once the capital gain on sale of the property and the interest income were shown in the hands of Hindu undivided family, then the same cannot be assessed again in the hands of the individual. This fact was brought to the knowledge of the Assessing Officer and the Commissioner of Income-tax (Appeals), however, the same was not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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