Section 525 — Authorisation and assessment in case of search or requisition. Successor to s.292CC of the 1961 Act.
Section 525 is in Chapter XXIII — Miscellaneous, which runs from section 499 to section 536.
Sub-section (1) applies irrespective of anything contained in the Act and settles two points about a joint warrant. It is not necessary to issue an authorisation under section 247, or to make a requisition under section 248, separately in the name of each person. And where an authorisation or requisition has been issued or made mentioning the names of more than one person, the mention of those names on it shall not be deemed to construe that it was issued in the name of an association of persons or body of individuals consisting of those persons.
Sub-section (2) deals with what follows. Irrespective of an authorisation issued under section 247 or a requisition made under section 248 mentioning 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 it.
A search or requisition often has to cover a group of connected persons and a common premises, and requiring a separate warrant for each name would be a formality that invites challenge without protecting anyone. The section removes that objection, but it refuses to let administrative convenience change who is assessed: naming several persons on one warrant does not create a single assessable entity, and sub-section (2) requires the assessments to be framed one by one.
The section grants a procedural convenience and denies a substantive consequence, and the two must not be run together. What is permitted is a single authorisation or requisition covering several names; what is expressly not permitted is treating that document as issued in the name of an association of persons or body of individuals made up of them, or making one assessment on the group. Sub-section (2) is the safeguard, and it is framed to override the joint warrant — the assessment or reassessment is to be made "separately in the name of each of the persons mentioned". Note also the limits of the section: it addresses only how many names may appear on an authorisation under section 247 or a requisition under section 248, and says nothing about the validity of the search itself or about any other proceeding.
One warrant under section 247 names three family members and is executed at premises they share. Sub-section (1) means the warrant is not bad merely because it was not issued separately in each name, and does not turn the three into an association of persons. Sub-section (2) then requires the consequent assessments to be framed separately, one in each of the three names on that person's own income — a single combined assessment on all three would not be an assessment this section permits.
In the authorisation or requisition itself, and in the assessment order that follows a search or requisition. It is the answer to an objection that a warrant naming several persons was invalid, and the ground for objecting to a single assessment framed on all of them together.
it shall not be necessary to issue an authorisation under section 247 or make a requisition under section 248 separately in the name of each person
the mention of such names of more than one person on such authorisation or requisition 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
the assessment or reassessment shall be made separately in the name of each of the persons mentioned in such authorisation or requisition
See the full 1961 to 2025 concordance.