2016 (5) TMI 143

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....as "the Tribunal") in ITA No. 1956/Del/2007 for the assessment year 2000-01, claiming the following substantial questions of law:- (i) Whether on the facts and circumstances of the case the Tribunal was legally correct in taking the view that the CIT(A) was not justified in entertaining the grounds regarding validity of notice under Section 143(2) issued to the appellant herein being time barred and the assessment framed in the status of 'Individual' being null and void as per law as the same had not been challenged either before the CIT(A) or before the ITAT before the remand order was passed by the latter? (ii) Whether on the facts and circumstances of the case the Tribunal is legally correct in holding that the CIT(A) should ....

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....ent Authority (HUDA), the appellant received enhanced compensation and interest during the financial years 1999-2000, 2000-01 and 2001-02 relevant to the assessment years 2000-01, 2001-02 and 2002-03 on furnishing of security as the enhanced compensation was being challenged by the HUDA in this Court. As the income of the assessee in the status of HUF was not liable to be subjected to income-tax, return of income was not filed. However, the return of income in the status of individual was filed by the assessee for the assessment year 2000-01 on 14.6.2000 under Section 139(1) of the Act. The Assessing Officer issued a notice dated 7.2.2002 under Section 142(1) of the Act to the effect that since the appellant had received the enhanced compen....

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....atisfied, the revenue filed an appeal bearing ITA No. 108 of 2005 in this Court against the order dated 13.7.2004 (Annexure A-2) which is still pending adjudication. The assessee had also filed returns of income for the assessment year 2001-02 on 25.2.2002 under Section 139(4) of the Act and for assessment year 2002-03 in compliance with the notice under Section 148 of the Act in the status of HUF. The Assessing Officer made the assessment for the assessment year 2001-02 on 23.12.2002 (Annexure A-3) in the status of 'individual' and for the assessment year 2002-03 on 27.12.2004 (Annexure A-4) in the status of 'HUF' and assessed the enhanced compensation and interest in the year of receipt. Feeling aggrieved, the assessee fil....

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....de in the status of 'individual'. The revenue took the matter in appeal before the Tribunal. The Tribunal vide order dated 12.12.2008 (Annexure A-11) allowed the appeal and sent the matter back to the CIT(A) to decide the issue on merits. Hence, the present appeal. 3. We have heard learned counsel for the parties. 4. Learned counsel for the assessee relying upon the judgment of the Apex Court in Assistant Commissioner of Income-tax v. Hotel Blue Moon, (2010) 188 Taxman 113 (SC), urged that no assessment could be framed in the status of 'individual'. It was further submitted that for the assessment years 2001-02 and 2002-03, the income from the acquired land was assessed in the status of 'HUF' which had attained fin....