1975 (8) TMI 62 - AT - Income Tax

Assessee's Status as 'HUF' Upheld for Assessment Year 1966-67 Onwards

The Tribunal partly allowed the appeals, determining the assessee's status as 'HUF' from the assessment year 1966-67 onwards based on returns. The AAC's ... - Issues:1. Status of the assessee as 'Individual' or 'HUF'2. Estimation of sales and net profit by the AACAnalysis:Issue 1: Status of the assessee as 'Individual' or 'HUF'The core contention in the appeals was the status of the assessee as an 'Individual' or 'HUF' for the assessment years 1966-67 to 1971-72. The assessee claimed that the business carried on was ancestral, inherited from his father, and should be assessed as an 'HUF.' However, the ITO and AAC did not find sufficient evidence to support this claim. The AAC held that the burden of proof was on the assessee to establish the status as 'HUF,' which was not discharged. The Tribunal noted the absence of concrete evidence supporting the ancestral nature of the business and the joint family nucleus. Despite the long-standing assessment as an 'Individual,' the assessee argued for a change in status to 'HUF' from 1966-67 onwards. The Tribunal, considering the unequivocal declaration by the assessee in the returns from 1966-67 onwards, concluded that the business should be treated as belonging to the 'HUF' from that year.Issue 2: Estimation of sales and net profit by the AACThe second common contention was the AAC's estimation of sales at 2.30 times the lease money paid and net profit at 13.5%. The assessee, engaged in a timber contract business, did not maintain accounts for the business. The Tribunal observed the lack of specific details on sales of logs and sawn timber. Given the ownership of a saw-mill and later a truck, the AAC's estimation of turnover and net profit was considered reasonable and not excessive. The absence of accounts and specific sales data led the Tribunal to uphold the AAC's estimates for turnover and net profit.In conclusion, the Tribunal partly allowed the appeals, primarily determining the status of the assessee as 'HUF' from the assessment year 1966-67 onwards based on the declarations made in the returns. The Tribunal also upheld the AAC's estimation of sales and net profit, considering the nature of the timber contract business and the lack of detailed financial records.