Tribunal held that merely on the basis of statement addition cannot be made especially when the statement was retracted within reasonable bale time .On facts the HUF was not assessed to tax hence no order u/s 171 is required to be passed. As the property was portioned additions can be made only in the hands of smaller HUFs and not in the hands of larger HUF. Fixed deposits can be assessed only in the hands of smaller HUF s in equal shares in different years. Matter remanded. (AY. 1999-2000 to 2009-10)
DCIT v. E. Ramesh Upadhyay, HUF (2019) 69 ITR 164 (Bang.)(Trib.)
S. 69 : Unexplained investments-Hindu undivided family -Agricultural land -Partition- Fixed deposits–Benami names of family members–Retraction of statement-No assessment is made in larger Hindu undivided family–Additions can be made in the hands of smaller HUF-Investments in fixed deposits to be considered as unexplained investments of smaller HUF in equal shares- Matter remanded. [S. 132(4), 171]