9911796707
TMI Blog2022 (1) TMI 1143X X X X Extracts X X X X X X X X Extracts X X X X ..... passed in the individual status of the assessees. However, while filing appeal before Ld. CIT(A), the PAN belonging to HUF status of the assessees has been mentioned. From the grounds of appeal urged before Ld. CIT(A), which is extracted by Ld. CIT(A) in his order, it can be noticed that the assessees have taken a plea that the capital gain, if any, arises only in the hands of HUF. Accordingly, it appears that the PAN of HUF has been mentioned in Form No.35 instead of mentioning the PAN of individual. In our considered view, in the interest of natural justice, the Ld CIT(A) should not have been too technical and should have allowed the assessees to filed revised Form No.35. Accordingly, we are of the view that these assessees should be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deciding the issues contested before him on merits. They have also raised grounds on merits of addition. 3. The Ld A.R submitted that the assessment of the year under consideration was reopened by the AO u/s 147 of the Income-tax Act,1961 ['the Act' for short] in order to assess capital gains arising on sale of land. The notices were issued in the individual status of the assessees. All these assessees contended before the AO that there was actually no transfer of land and hence capital gain is not assessable. The AO did not accept the contentions of the assessee and assessed long term capital gain of ₹ 1,08,06,816/- in the hands of each of the assessees herein. 4. All these assessees filed appeals before Ld. CIT(A), in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respective assessees and hence capital gain, if any, is assessable in the hands of the HUF only. Accordingly, as advised by the tax consultant, these assessees have filed appeals mentioning the PAN of HUF. The Ld. A.R. submitted that one of the grounds raised before Ld. CIT(A) was that the capital gain, if any is assessable in the hands of the HUF only and hence the same has prompted the tax consultant to file appeal mentioning PAN of HUF. Accordingly, the Ld. A.R. submitted that mentioning of PAN of HUF in Form No.35 is a mistake which Ld. CIT(A) should have allowed to rectify. Accordingly, the Ld A.R contended that the Ld CIT(A) was not justified in dismissing the appeals without allowing the assessees to rectify Form NBo.35 and in not ad ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
