2022 (3) TMI 767

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.... For the Respondents : S. Parthasarathi, Advocate ORDER Per Padmavathy S., Accountant Member This appeal of the Revenue is directed against the order of the CIT(A)-11, Bengaluru dated 02/07/2019 for the asst. year 2013-14. 2. The Revenue has raised the following grounds 1. The order of CIT(A) is opposed to law and facts of the case. 2. The CIT(A) erred in holding the....

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.... of the case The assessee is an individual. A search u/s. 132 of the Income-tax Act 1961 (the Act) was conducted in the case of the assessee in connection with M/s. Telecommunication Employees Cooperative Housing Society Ltd. In response to notice u/s. 153A, the assessee filed a letter dated 11/9/2015 enclosing a copy of the return of income filed on 19/8/2013 declaring an income of Rs. 2,44,24....

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....The CIT(A) allowed the appeal in favour of the assessee stating that the Department had initiated proceedings on assessee's HUF by issue of notice u/s. 148 and had brought the same income arising out of the conversion of land in subsequent sale of tax substantially in the hands of the assessee vide order dated 21/12/2018 passed by the ITO-4(2)(1). The CIT(A) has also noticed that the assessee ....

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.... arising out of the sale of the land should be assessed in the hands of the assessee in his individual capacity or in the hands of assessee's HUF. We also notice that the proceedings initiated u/s. 148 assessing the same income in the hands of Assessee's HUF is in appeal before the CIT(A)-4. In the impugned order under appeal here, the CIT(A) has decided that the income should be assessed ....