Assessment on HUF not valid if HUF was not in existence

K. Ramesh Reddy Vs ACIT (ITAT Bangalore)

In this case on 30.11.2006, when the assessment was made, the HUF was not in existence. In such a case, the procedure prescribed under Section 171  will have no application as the assessee was not hitherto assessed as HUF and so, the fiction created under that section to deem it as HUF will not arise. There is no other provision to assess the HUF after disruption. Apart from Section 171  of the Income-tax Act, 1961, and perhaps to a certain extent, Sub-section (4) ofPlease become a Premium member. If you are already a Premium member, login here to access the full content.