TMI Blog1999 (2) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... es of these assessees before us. After examining the seized material found from the premises of Shri D.R. Zalte and Shri Rajesh Zalte, the Assessing Officer invoked the provisions of section 158BD and issued notices under section 158BC. Subsequently, the assessments have been completed in respect of the assessees before us on 24th August, 1996. Smt. Suman Zalte has been assessed on the total undisclosed income of Rs. 3,64,000 while Vilas Zalte has been assessed on the total income of Rs. 10,38,280 and Shri Gautam Zalte on the total income of Rs. 7,30,400. 3. The ld. counsel for the assessee Mr. Sathe has challenged the jurisdiction of the Assessing Officer to assess these assessees by invoking the provisions of section 158BD. His contenti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t any undisclosed income belongs to any person, other than the person with respect to whom search was made under section 132 or whose books of account or other documents or any assets were requisitioned under section 132A, then, the books of account, other documents or assets seized or requisitioned shall be handed over to the Assessing Officer having jurisdiction over such other person and that Assessing Officer shall proceed against such other person and the provisions of this Chapter shall apply accordingly." 5. The bare reading of this section clearly shows that the search provisions can be invoked only if Assessing Officer is satisfied that any undisclosed income belongs to some person other than the one with respect to whom search w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the undisclosed income of Rs. 10,38,280 under the heads income from other sources (Rs. 8,26,114) and income from property (Rs. 2,12,166) is assessed in the hands of the assessee on protective basis and the same is assessed on substantive basis in the hands of the father of the assessee Shri DR. Zalte." 8. Shri Gautam Zalte has been assessed on the total undisclosed income of Rs. 7,30,400 on protective basis as is apparent from page 9 of the assessment order. The last para of this page is set out as under :--- "On the whole, the undisclosed Income of Rs. 7,30,400 is assessed in the hands of the father of the assessee Shri D.R. Zalte on substantive basis and since the assessee has claimed in the return for the block assessment that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri D.R. Zalte. In view of the above, it is held that the impugned assessments were illegal and void ab initio. Accordingly, the impugned assessments are hereby cancelled. 11. Before parting with our order, we would like to mention that in the case of Smt. Suman Zalte, the Assessing Officer has assessed the sum of Rs. 24,000 being income from Beauty Parlour pertaining to assessment years 1990-91 to 1995-96 on substantive basis. Year-wise details are as under :--- Assessment year 1990-91 Rs. 9,000 Assessment year 1991-92 Rs. 9,000 Assessment year 1992-93 Rs. 8,000 Assessment year 1993-94 Rs. 7,000 Assessment year 1994-95 Rs. 5,000 Assessment year 1995-96 Rs. 4,000 12. As far as assessment for assessment years 1992-93 to 199 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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