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2018 (12) TMI 1968 - AT - Income TaxInitiation of provisions u/s 153C - absence of the satisfaction recorded by the A.O. of the searched person - HELD THAT - Satisfaction of the A.O. of the searched person is a sine-qua-non to the effect that (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned belongs to; or (b) any books of accounts or documents, seized or requisitioned pertains or pertain to, for any information contained thereto, relates to a person other than person referred to in sub section 153A of the Act. Admittedly, in the present case, no satisfaction note by the A.O. of the searched person is furnished by revenue, despite categorical directions given by this Tribunal. However, a satisfaction note in the case of assessee has been furnished by the revenue - Ld. CIT(DR) fairly conceded the fact that despite various reminders, the satisfaction note by A.O. of searched person i.e. M/s. Phoenix Devcons Pvt. Ltd., 434, Orbit Mall, Indore is not made available. The revenue has not brought to our notice any other binding precedent by the Hon'ble Supreme Court or the Hon'ble jurisdictional High Court. We therefore, respectfully following the Hon'ble High Court of Madhya Pradesh in the case of CIT Vs. Mechmen 11-C 2015 (7) TMI 538 - MADHYA PRADESH HIGH COURT hold that the proceedings u/s 153C of the Act is not validly initiated and is contrary to settled position of law and the same is therefore hereby quashed. Assessee appeal allowed.
Issues:
1. Validity of assessment order under section 143(3) r.w.s. 153C of the Income Tax Act. 2. Confirmation of additions made by the Assessing Officer on account of Project at Satellite Hills. 3. Initiation of provisions under section 153C of the Act without satisfaction recorded by the Assessing Officer of the searched person. Issue 1: Validity of assessment order under section 143(3) r.w.s. 153C of the Income Tax Act: The appeal challenged the assessment order passed by the Assessing Officer under section 143(3) r.w.s. 153C of the Income Tax Act for the assessment year 2008-09. The assessee contended that the order was bad in law, illegal, and barred by limitation of time. The CIT(A) partly allowed the appeal, sustaining an addition of Rs. 6,89,26,888 and deleting another addition. The Tribunal examined the grounds raised by the assessee and concluded that the initiation of proceedings under section 153C was not validly initiated as no satisfaction note by the Assessing Officer of the searched person was furnished, contrary to the law. Citing the judgment of the Hon'ble jurisdictional High Court, the Tribunal quashed the proceedings initiated under section 153C. Issue 2: Confirmation of additions made by the Assessing Officer on account of Project at Satellite Hills: The Assessing Officer made additions totaling Rs. 6,89,26,888 treating it as own money and disallowance of Rs. 15,16,961 under section 40A(3) of the Act. The CIT(A) sustained the major addition and deleted a part of it. The assessee raised objections regarding the additions made, arguing that the CIT(A) erred in maintaining them without properly appreciating the facts and submissions. However, the Tribunal did not delve into this issue as the initiation of proceedings under section 153C was found to be invalid, leading to the allowance of the appeal based on this ground. Issue 3: Initiation of provisions under section 153C of the Act without satisfaction recorded by the Assessing Officer of the searched person: The primary contention in the appeal was against the initiation of provisions under section 153C without the satisfaction recorded by the Assessing Officer of the searched person. The assessee argued that the law mandates the satisfaction of the A.O. of the searched person as a prerequisite for issuing notice under section 153C. The Tribunal agreed with this argument, emphasizing the requirement of the A.O.'s satisfaction, which was not fulfilled in this case. Despite the Revenue's submissions, the Tribunal held that the absence of the satisfaction note vitiated the assessment proceedings, citing relevant legal provisions and case law precedents. The Tribunal ultimately allowed the appeal, quashing the initiation of proceedings under section 153C. This detailed analysis of the judgment highlights the key issues raised in the appeal, the arguments presented by the parties, and the Tribunal's decision based on legal provisions and precedents.
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