1998 (6) TMI 56

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....tant Commissioner of Income-tax, Investigation Circle, to exercise jurisdiction for the connected cases/persons also, cannot apply to the case of the petitioner. The petitioner is an independent assessee and her case cannot be said to be connected with the assessment of her husband, Mr. M. K. Thankachan. The expression "connected case" has no legal connotation and, therefore, unless the Assistant Commissioner records his satisfaction that undisclosed income belongs to the petitioner, he cannot proceed with the assessment. Learned senior standing counsel, Mr. Raveendranatha Menon, while countering the said argument has submitted that section 127(3) is the direct answer to the point raised on behalf of the petitioner. According to this pro....

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....titioner, clearly admits that the bank accounts in the name of the petitioner is the undisclosed income of Mr. Thankachan in which case it is not open to the officer to come to the conclusion that the undisclosed income belongs to the petitioner. He also derives support from the statement filed on behalf of the respondents to the effect that no cash or jewellery was seized, but only certain records were seized from the premises as per panchanama. It is also stated that it is true that in the said assessment order it is observed that the bank accounts of the petitioner and the minor children are out of undisclosed income of her husband, Shri Thankachan. In the light of the specific stand of the Department, learned senior counsel submits that....

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....uld be imposed on the same income twice over. It is true that the Act does not envisage taxation of the same income twice over "on one passage of money in the form of one sort of income". It is equally true that section 14(1) of the Act expressly debars the imposition of tax on any part of the income of a Hindu undivided family received by its members. The fact that there is no provision in the Act dealing with a converse position does not affect the question, for the existence of such a converse position is legally impossible under the Act. So long as the Hindu undivided family exists, the individuals thereof cannot separately be assessed in respect of its income. None the less, if, under some mistake, such income was assessed to tax in th....