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TMI Blog2022 (3) TMI 767X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee in his individual capacity or in the hands of assessee's HUF. The proceedings initiated u/s. 148 assessing the same income in the hands of Assessee's HUF is in appeal before the CIT(A)-4. In the impugned order under appeal here, the CIT(A) has decided that the income should be assessed in the hands of the assessee's HUF merely based on the fact that the same income is also assessed in HUF and is subjudice. CIT(A) has not gone into the merits of the case to come to the conclusions that the income should be assessed in the hands of the HUF. We therefore remand the case back to CIT(A) to consider the materials on record and decide the issue accordingly after giving reasonable opportunity of being heard to the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome-tax Act 1961 (the Act) was conducted in the case of the assessee in connection with M/s. Telecommunication Employees Cooperative Housing Society Ltd. In response to notice u/s. 153A, the assessee filed a letter dated 11/9/2015 enclosing a copy of the return of income filed on 19/8/2013 declaring an income of ₹ 2,44,240/- and requesting to treat the return so filed as in response to notice u/s. 153A. The assessee along with family members inherited 8 acres 11 guntas of land as part of the family partition executed vide deed dated 28/06/012. Until the partition the said land was a family property belonging to HUF. Post partition one of the brothers was given General Power of Attorney to deal with all the transactions of land. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he partition deed executed on 28/06/2012 and the issue here is whether the income arising out of the sale of the land should be assessed in the hands of the assessee in his individual capacity or in the hands of assessee's HUF. We also notice that the proceedings initiated u/s. 148 assessing the same income in the hands of Assessee's HUF is in appeal before the CIT(A)-4. In the impugned order under appeal here, the CIT(A) has decided that the income should be assessed in the hands of the assessee's HUF merely based on the fact that the same income is also assessed in HUF and is subjudice. The CIT(A) has not gone into the merits of the case to come to the conclusions that the income should be assessed in the hands of the HUF. We ..... X X X X Extracts X X X X X X X X Extracts X X X X
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