The application by the Petitioner assessee, to release of gold seized during the search conducted in 1996, was rejected by the Commissioner for the reason that the gold was seized in the name of her husband and search warrants were also issued in his name. The gold seized was assessed in the hands of the husband and it was confirmed in appellate proceedings. The protective assessment was made in the hands of the assessee as her husband claimed during the assessment proceedings that gold belonged to her. Hence, if any release was to be ordered, the same has to be done only to the husband of the assessee. Being aggrieved, the assessee filed writ with the High Court for the release of gold. The High Court held that the issue of protective assessment made against the petitioner was no longer valid, in view of the assessment against the husband of the petitioner, which attained finality. As the question of ownership of the gold was finally settled, and as per the said finding, it was concluded that it was the income/asset of the petitioner’s husband. Hence, it was not open to the petitioner to raise a claim for the same before the authorities and accordingly, the writ was dismissed.(SJ)