The Hon’ble Tribunal held that the assessee received the power of attorney from owner and sold the land on behalf of owner. Copy of the sale deed was placed on record. No addition could be made in the hands of the power of attorney holder. The Revenue had not brought on record any material evidence indicating that the ownership of the land belonged to the assessee. Therefore, the assessment order passed was without jurisdiction, void ab initio and bad in law.(AY. 2009-10)
Kamaldeep Singh v. ITO (2023) 101 ITR 302 (Amritsar)(Trib.)
S. 147 : Reassessment-After the expiry of four years-Validity-Assessee, Power of Attorney holder and selling land for owner-No evidence indicating land belonged to assessee-Assessment made in the hands of assessee not justified.