SAJIV VOHRA (HUF) Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS order shall dispose of six Income Tax appeals, bearing I.T.A. Nos. 178, 179, 246, 249, 247 and 248 of 2007, which are arising from a common order dated June 16, 2006, passed by the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar (hereinafter referred to as "the ITAT"), in six appeals, i.e., I.T.A. Nos. 644 to 649 (ASR.)/2004, pertaining to the assessment years 1996 -97 to 2001 -02, whereby the appeals filed by the assessee have been dismissed.

(2.) THE brief facts of the case are that on November 27, 2001, notices under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as "the Act") in the case of Shri Sajiv Vohra, individual, were issued for the assessment years 1997 -98 to 2000 -01 for the reason that various investments made by him did not stand reflected in the original returns filed by him in his individual capacity. He was required to explain the investment made by him in acquisition of plot and purchase of Kisan Vikas Patras, etc. He was also asked to explain the source of deposits made by him in various bank accounts with reference to the capital brought forward as on April 1,1995. His capital account for the period June 27, 1991, to March 31, 1995, also revealed that he had credited the following income in his capital account as "by other income":

(3.) THE Assessing Officer in the order dated March 16, 2004, for the assessment year 1996 -97 concluded that in fact, no Hindu undivided family existed and the business was the individual business of Shri Vohra. However, income was assessed in the hands of the Hindu undivided family on a protective basis since the return had been filed in the status of Hindu undivided family.