TMI Blog2011 (8) TMI 1130X X X X Extracts X X X X X X X X Extracts X X X X ..... wife, possessed undisclosed assets including income separately, then, he might have issued warrant of search individually for conducting the search as both Mudit Verma and Vandana Verma are assessed to income tax in their individual capacity. When warrant of authorization was issued in the joint names it was not open for the assessing authority to assess Smt. Vandana Verma on the basis of the assets and documents seized during the course of search in pursuance of the warrant of authorization which was in the joint names, and that too by invoking the provisions of Chapter XIV-B in an individual capacity. She could be assessed jointly only as AOP of BOI as per the definition of the word "person" under the Income Tax Act. - INCOME TAX APPEAL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gal position that in order to be assessed in the status of AOP/BOI there should exist any evidence establishing the status of the assessee as AOP/BOI as no evidence has neither been found during the course of search nor submitted by the assessee. 2.Whether the Hon'ble ITAT was justified in law in dismissing the appeal of the department by ignoring the settled position of law as held by the various courts, including apex court, that in order to be an AOP there must be a volition on the part of members forming the AOP to produce profit from a common source of income. In the present case neither there was any such evidence found nor submitted by the assessee. 3. Whether the Hon'ble ITAT was justified in law in creating a status o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent in Raghu Raj Pratap Singh (supra) related to the validity of search and seizure and the recovery of materials from the bank, the judgment in Madhupuri Corporation (supra) rendered by the Gujarat High Court, relates to the retention of the seized documents and books and accounts beyond the statutory period of 15 days. The Gujarat High Court held that such illegality would not vitiate the evidence collected during such search. We are informed by Shri R.K. Upadhyay, that the judgment in Smt. Vandana Verma's case (supra) has been challenged in the Supreme Court by the revenue in Special Leave Petition (Civil) No. 18366 of 2010 (C.I.T. vs. Vandana Verma) in which notices have been issued and thereafter fresh steps were directed to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d assets including income separately, then, he might have issued warrant of search individually for conducting the search as both Mudit Verma and Vandana Verma are assessed to income tax in their individual capacity. When warrant of authorization was issued in the joint names it was not open for the assessing authority to assess Smt. Vandana Verma on the basis of the assets and documents seized during the course of search in pursuance of the warrant of authorization which was in the joint names, and that too by invoking the provisions of Chapter XIV-B in an individual capacity. She could be assessed jointly only as AOP of BOI as per the definition of the word person under the Income Tax Act. Since the questions raised in these appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
