2005 (11) TMI 45

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....he relevant assessment year is 1991-92. The assessee derived income from contract business. For the assessment year 1991-92 the assessee declared its total income as Rs. 1,19,338. In the accounting year, relevant to the assessment year, the karta of the Hindu undivided family has sub-let its contract to individual though the person is the same but in dual capacity. The Assessing Officer has added ....

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....efore the Tribunal and the Tribunal has added back that addition on the ground that the Hindu undivided family is not a juristic person. Heard, learned counsel for the parties. While deleting the addition of profit in the hands of the Hindu undivided family, the Commissioner of Income-tax (Appeals) has considered the matter in para. 11 of its order. For ready reference, para. 11 of the order....

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....taken that the Hindu undivided family cannot be a juristic person. The question is not that the Hindu undivided family is a juristic person or not. The Income-tax Act itself provides that the Hindu undivided family is an assessee. In that case the same person has dual capacity. He can enter into an agreement in different capacity, i.e., as karta of the Hindu undivided family and as an individual. ....