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C.I.T.,Kanpur vs M/S.Rohtas Projects Ltd. on 2 July, 2014

14. Admittedly, during the lifetime of Shri Kewal Singh, the family was not assessed as a Hindu Undivided Family (HUF) as he has never filed return of Income being an Agriculturist. Further, the AO always intended to initiate proceedings in the case of Shri Kewal Singh in the status of "HUF" as evident from the earlier reasons recorded for initiating proceedings u/s 147. It has further been found by then CIT(A) that notice u/s 148 and other notices issued u/s 143(2) & 142(1) were also issued to the appellant by presuming his status as "HUF" with 12 ITA No.566/Asr/2017 PAN - ABTPS3245H. However, the AO had framed the assessment by treating the same income in the hands of Individual with PAN - DEYPS5701H which was held invalid by the CIT(A) by placing reliance on the decision of Hon'ble Punjab & Haryana High Court in the case of CIT vs. Rohtas Singh (APB, pg.87).
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