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Section 4 of the Income-tax Act, 1961 - Individual - Assessable as - Assessment year 1996-97 - Whether where notices under section 148 and other sections were issued by treating assessee as an individual, Assessing Officer could not have framed assessment by treating income in hands of HUF - Held, yes CASE REVIEW CIT v. K. Adinarayana Murty [1967] 65 ITR 607 (SC) followed. CASE REFERRED TO CIT v. K. Adinarayana Murty [1967] 65 ITR 607 (SC) [Para 4]. Yogesh Putney for the Appellant. Rakesh Gupta for the Respondent. JUDGMENT M.M. Kumar, J. - The revenue has approached this Court by invoking the appellate jurisdiction under section 260A of the Income-tax Act, 1961 (for brevity 'the Act') and has challenged order dated 29-9-2004 passed by the Income-tax Appellate Tribunal, New Delhi Bench 'A', Delhi passed in ITA No. 200/Delhi/04 for the assessment year 1996-97. The revenue has claimed that the following substantial question of law would arise: "Whether the Hon'ble ITAT was rightly in law in holding that the assessment framed in the status of HUF by the Assessing Officer as null and void, though the assessee himself admitted during the assessment proceedings that the land sold by him on which consideration was received and was declared in the return of income as capital gain, belonged to HUF ?" 2. Facts in brief may first be noticed. The assessee had sold agricultural land in the year relevant to the assessment year 1996-97. The assessee did not file the return. The income from the sale of land was assessable to tax for the assessment year 1996-97 under the head 'Capital gain'. Accordingly, notice under section 148 of the Act was issued to the assessee on 12-1-2004. He filed his return in the status of 'individual' declaring his net income of Rs. 8,50,981. The assessee in the computation of income enclosed with the return, declared the gross capital gain at Rs. 84,13,988 and after claiming deduction under sections 54B and 54F of the Act at Rs. 61,96,375 and Rs. 15,03,000 respectively, net capital gain was worked out at Rs. 7,14,613. The assessment under section 143(3) of the Act was completed by the Assessing Officer on 14-3-2002 by treating the status of the…

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