COMMISSIONER OF INCOME TAX Vs. ROHTAS

JUDGEMENT

(1.) THE Revenue has approached this Court by invoking the appellate jurisdiction under Section 260A of the IT Act, 1961 (for brevity 'the Act') and has challenged order dt. 29th Sept., 2004 passed by the Tribunal, New Delhi 'A' Bench, Delhi passed in ITA No. 200/Del/2004 for the asst. yr. 1996 -97. The Revenue has claimed that the following substantial question of law would arise:

(2.) FACTS in brief may first be noticed. The assessee had sold agricultural land in the year relevant to the asst. yr. 1996 -97. The assessee did not file the return. The income from the sale of land was assessable to tax for the asst. yr. 1996 -97 under the head capital gain. Accordingly, notice under Section 148 of the Act was issued to the assessee on 12th Jan., 2004.

(3.) WE have heard learned Counsel for the parties and find that firm findings of fact have been recorded by the Tribunal holding that the assessee did not make any statement about the status of HUF in the letter dt. 14th March, 2002 on which the AO had placed heavy reliance. It has further been found that notice under Section 148 and other notice under Sections 143(2) and 142(1) of the Act were issued upon the assessee by presuming his status as 'individual'. The Tribunal has also referred to the reasons recorded for issuance of notice which led to the conclusion that the notices were issued by treating the assessee as' individual'. The return under Section 148 of the Act was also filed in the status of 'individual'. In the teeth of the aforementioned finding necessary legal consequences are bound to follow namely that once a notice under Section 148 and other sections were issued by treating the assessee as individual then the AO could not have framed the assessment by treating the income in the hands of HUF. We are fortified in our view by the judgment of Hon'ble the Supreme Court in the case of CIT v. : [1967]65ITR607(SC) . Therefore, we do not find that any question of law much less a substantial question of law would arise for our determination.