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TMI Blog2012 (8) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... the warrant has been issued in the joint name, the assessment will have to be made collectively in the names of both the persons in the status of AOP(Association of Persons)/BOI(Body of Individuals). The decision rendered in the case of Smt. Vandana Verma (supra) has been followed by this Court in Income Tax Appeal No.30 of 2011, Commissioner of Income Tax , Kanpur v. Smt. Madhu Chawla, decided on 23rd August, 2011. The Hon'ble Chief Justice vide order dated 15th December, 2011 has been pleased to constitute this Bench to decide the matter. FACTS OF THE CASE. Income Tax Appeal Nos.99, 101, 103, 104, 109 and 110 of 2010 have been filed by the Revenue against the order dated 25.5.2010 passed by the Tribunal in favour of Sri Devesh Singh whereas Income Tax Appeal Nos. 100, 102 and 105 to 108 of 2010 have been filed against the Tribunal's order dated 25.5.2010 passed in favour of Sri Yogendra Singh. All the appeals relate to the Assessment Years 2001-02 to 2006-07. As all these appeals relate to the joint warrant issued in the names of Sri Yogendra Singh alias Maniya Singh, Sri Devesh Singh and Sri Devendra Singh alias Lalu Singh and the appeals before us relate to only Sri Devesh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preferred by the respective assessee before the Commissioner of Income Tax (Appeals), who allowed the appeals on this preliminary ground, which order has also been upheld by the Tribunal. All the appeals have been admitted vide order dated 9th December, 2010 on the following substantial question of law. "Whether the warrant of authorisation could have been issued jointly and if so, assessment could have been made against AOP or individually?" RIVAL SUBMISSIONS We have heard Sri D.D. Chopra, learned counsel appearing for the Revenue. Sri Chopra submitted that by the Finance Act, 2012, Section 292CC has been inserted with retrospective effect from 1st April, 1976, which provides that it shall not be necessary to issue an authorisation under Section 132 of the Act separately in the name of each person where the authorisation has been issued mentioning therein more than one person. He, thus, submitted that the order passed by the Commissioner of Income Tax (Appeals) as also by the Tribunal ought to be set aside and the Commissioner of Income Tax (Appeals) should decide all the appeals on merits. LEGISLATIVE AMENDMENT We do not feel it proper to go into the question as to which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion shall not be deemed to construe that it was issued in the name of an association of persons or body of individuals consisting of such persons. It is also proposed to provide that notwithstanding that an authorisation under section 132 has been issued or requisition under section 132A has been made mentioning therein the name of more than one person, the assessment or reassessment shall be made separately in the name of each of the persons mentioned in such authorisation or requisition. These amendments will take effect retrospectively from 1st April, 1976 and will, accordingly, apply to the assessment year 1976-1977 and subsequent assessment years." In the Memorandum Explaining the Provisions in Finance Bill, 2012, necessity of introducing Section 292CC has been explained as follows:- Under the existing provisions of section 132 and section 132A, an authorisation can be issued or a requisition can be made, as the case may be, where the Director General or the Director in consequence of information in his possession has reason to believe that any person is in possession of any money, bullion, jewellery or other valuable article or thing (hereafter referred to as undisclosed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h retrospective effect from 1st April, 1976 is that- (1) it is not necessary for the authorities to issue an authorisation under Section 132 or requisition under Section 132A of the Act separately in the name of each person; (2) if an authorisation/requisition has been issued in the name of more than one person it shall not be construed that it was issued in the name of association of persons or body of individuals, consisting of such persons; (3) if an authorisation has been issued under Section 132 or requisition under Section 132A of the Act in the name of more than one person, the assessment or reassessment can be made separately in the name of each of the persons mentioned in the authorisation/requisition. As the provisions of Section 292CC of the Act has come into force retrospectively i.e. from 1st April, 1976 it shall be deemed that the aforesaid provision was on the Statute Book i.e. the Income-tax Act, 1961 since 1st April, 1976 and the consequence of issue of a warrant of authorisation under Section 132 of the Act if issued in joint name of more than one person has to be adjudged in the light of the provisions of Section 292CC of the Act. It is wel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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