1998 (3) TMI 194 - AT - Income Tax

Property ownership determined for HUF & AOP, unexplained investment addition deleted. Appeals disposed.

LATE T. GOVINDASWAMY BY LRS. Versus INCOME TAX OFFICER.

The Tribunal determined that the property at 4, C.P. Ramaswamy Road, Madras belonged to the Hindu Undivided Family (HUF) and its income should be assessed ... - Issues Involved:1. Ownership and income attribution of the property at 4, C.P. Ramaswamy Road, Madras.2. Validity of the declaration and existence of the Hindu Undivided Family (HUF).3. Assessment of investment in Greams Road property.4. Unexplained investment in the acquisition of other assets.Issue-wise Detailed Analysis:1. Ownership and Income Attribution of the Property at 4, C.P. Ramaswamy Road, Madras:The main common ground of appeal concerns whether the property at 4, C.P. Ramaswamy Road, Madras, and the income therefrom belonged to the assessee in his individual capacity or to the HUF, of which the appellant was the Karta. The CIT(A) had held that half of the property belonged to the wife of the assessee for the assessment year 1976-77, which was not disputed by the Department. The only remaining dispute was whether the other half share belonged to the HUF. The assessee claimed that the property was purchased with funds belonging to the HUF, while the AO and CIT(A) treated it as the individual property of the assessee. The Tribunal concluded that the property belonged to the HUF based on the evidence and declarations provided by the assessee.2. Validity of the Declaration and Existence of the HUF:The Tribunal noted that the AO did not deny the existence of the HUF. The IAC also clarified that the existence of the HUF was not in dispute, only the financing of the construction by the HUF was questioned. The Tribunal found that the declaration made by the assessee to throw Rs. 10,000 into the common hotchpot of the HUF was valid and had evidentiary value. The affidavit of the wife of the assessee further supported this declaration. The Tribunal emphasized that under Hindu law, a family can become the owner of separate property through purchase, gift, or by throwing it into the joint family hotchpot, and the declaration made by the assessee was sufficient to prove the HUF's ownership of the property.3. Assessment of Investment in Greams Road Property:The assessee contended that the investment in the Greams Road property should be assessed in the hands of an Association of Persons (AOP) of which he was a member, along with three other relatives. The Tribunal referred to a previous order which confirmed that the investment should be assessed in the hands of the AOP. Consequently, the Tribunal directed that the one-fourth investment made by the assessee in the Greams Road property should be deleted from his individual assessment and assessed in the hands of the AOP.4. Unexplained Investment in the Acquisition of Other Assets:The AO had added Rs. 69,190 as unexplained investment in the acquisition of other assets, which was reduced by the IAC to Rs. 69,190. The CIT(A) further reduced the personal drawings estimated by the AO and allowed a relief of Rs. 5,000. The Tribunal found that the investments made by the assessee jointly with others should be assessed in the hands of the AOP and not in the individual status of the assessee. Consequently, the Tribunal deleted the addition of Rs. 64,190 sustained by the CIT(A) under the head 'Income from other sources'.Conclusion:The Tribunal concluded that the property at 4, C.P. Ramaswamy Road, Madras belonged to the HUF and the income therefrom should be assessed in the hands of the HUF. The investment in the Greams Road property should be assessed in the hands of the AOP. The addition of Rs. 64,190 for unexplained investment in other assets was deleted. All other grounds were dismissed or not pressed by the assessee. The appeals were disposed of accordingly.