The case pertains to the issue of addition in the hands of a ...

Advance Payment for Land: Tribunal Rules No Additional Tax for Individual When HUF Already Assessed.

August 29, 2024

Case Laws     Income Tax     AT

The case pertains to the issue of addition in the hands of a Hindu Undivided Family (HUF) versus an individual for advance money paid for the purchase of land. The key points are: The assessee argued that since the payments were made by the Darshan Kumar HUF, no separate addition should be made in the hands of Darshan Kumar as an individual. The Tribunal held that no addition was required as the assessee demonstrated that the name of the seller and property description matched the legal notice. The synopsis clarified that the deal was for Rs. 14 lacs per acre as per the agreement, and an addition of Rs. 20 lacs had already been made in the hands of Darshan Kumar HUF for the assessment year 2006-07. Therefore, since the addition had already been considered in the HUF's hands, it was not liable to be made again based on a wrong interpretation of the facts. Consequently, the assessee's appeal was allowed.

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