Law:

Section:

Section 132, read with section 158BC, of the Income-tax Act, 1961 - Search and seizure - General - Block period 1-4-1995 to 17-10-2001 - A warrant for search under section 132(1)(c) was issued duly signed by competent authority in joint name of assessee and her husband to enter and search their residence - During search operation, seizure operation was also carried out, seizing books of account, documents, papers and diaries including loose papers and other materials of all entities - Subsequently, proceedings were initiated under Chapter XIV-B, which prescribed special procedure for assessment of search cases - A notice under section 158BC in name of assessee was issued for computation of undisclosed income of block period and same was duly served on her to which she tendered her reply but reply so tendered did not find favour with assessing authority, resulting in computation of total income including undisclosed income at Rs. 17.31 crores - On second appeal before Tribunal, assessee raised a preliminary objection with regard to framing of assessment in individual capacity as search warrant was in joint name - Said objection was upheld by Tribunal and, accordingly, assessment order was quashed - Whether when warrant of authorization under section 132(1)(c) had been issued in joint names of assessee and her husband living together in a single premises, it was not open for assessing authority to assess assessee in her individual capacity on basis of documents seized during course of search and that too by invoking provisions of Chapter XIV-B - Held, yes - Whether, therefore, Tribunal had rightly quashed impugned assessment order holding that assessment could not be framed in an individual capacity but it had to be framed either as an AOP or as body of individuals - Held, yes FACTS A warrant for search under section 132(1)(c) was issued duly signed by the competent authority in the joint name of assessee and her husband 'M' to enter and search their residence. During the search operation, seizure operation was also carried out, seizing books of account, documents, papers and diaries including loose papers and other materials of all the entities. Subsequently,…

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