2013 (12) TMI 14

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..... 9 dated 31.10.1989 - When no new material was brought on record before changing the status, then it amounts to "change of opinion", which cannot be a ground for re-assessment - Following CIT Vs. Kalvinator of India [2002 (4) TMI 37 - DELHI High Court] - There must be some tangible new material before changing the status - The same is absent in the instant cases - Decided in favour of assessee.
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 .....

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..... pear before him despite having summoned in 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 S .....

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..... o find the correct hands and taxed it 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 .....

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