2009 (9) TMI 959

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..... he assessee is directed against the order of Commissioner of Income-tax (Appeals) - V, Bangalore dated 1.5.2009. The assessment year concerned is 2005-06. 2. The assessee is an individual. The assessee is also the Kartha of his HUF known as Shri M Sathyanarayana (HUF). It is submitted that the HUF had purchased land during the financial year ending 31.3.99 from KIADB. The land is located at No. .....

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..... vidual. The assessee furnished explanation stating that M/s Quest Technologies has wrongly quoted the PAN of individual and also furnished the proof regarding the income being declared in the hands of HUF. The learned AO held that the assessee had entered into an agreement in his individual capacity. He added a sum of ₹ 1,51,200/- under the head Income from House Property. Aggrieved by the .....

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..... ndividual and such a finding is contrary to evidence on record. (3) That the learned CIT(A) erred in law and on facts in holding that the rental income is to be assessed in the hands of assessee-individual just because the tenant has wrongly quoted the PAN of the assesseeindividual instead of PAN of HUF. (4) That the learned CIT(A) erred in law and on facts in holding that the rental income .....

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..... he order of the authorities below. The learned DR also filed paper book comprising the return of income, statement of computation of total income, copy of lease/rent agreement entered between the assessee and M/s Quest Technologies, copy of lease agreement of land dated 10th Apr, 2000 between KIADB and the assessee as proprietor of M/s PMS Industries and copy of possession certificate. 4. We ha .....

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..... paid by the lessee to the lessor. Here, the lessee is clearly mentioned as the assessee-individual and not as the HUF. The possession certificate issued by the KIADB also mentioned Shri M Sathyanarayana, the individual. Therefore, we are of the view that the property in question is owned by the individual -assessee and it is to be assessed in his hands. For declaration of rental income from plot .....

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