2016 (6) TMI 894 - HC - Income Tax

Validity of proceedings under section 158BD - proceedings initiated on the basis of satisfaction made from the seized materials found as a result of search conducted on the assessee - Held that - In the present case, the Tribunal being a final fact finding authority had not recorded any finding with regard to the recording of satisfaction note on 31.5.2005. Further, nothing was observed whether the satisfaction note dated 31.5.2005, if any, produced by the revenue was antedated or not. In such circumstances, the matter requires to be remanded to the Tribunal to examine it afresh and record a reason based finding. It shall be open to the parties to raise all the points before the Tribunal who shall adjudicate the matter expeditiously. The substantial questions of law are answered accordingly

Summary

Issues Involved:
1. Validity of proceedings under Section 158BD based on satisfaction from seized materials.
2. Non-appearance of the assessee's name in the search warrant.
3. Basis of satisfaction for initiating proceedings under Section 158BD from materials seized during the search of Vatika Group entities.

Detailed Analysis:

Issue 1: Validity of Proceedings under Section 158BD
The appellant-revenue challenged the Tribunal's decision dismissing the appeal on the grounds that the proceedings under Section 158BD were initiated based on satisfaction derived from materials seized during a search on the assessee. The Tribunal held that the proceedings under Section 158BD were invalid as they should have been initiated under Section 158BC, given that the search was conducted at the assessee's residence. The Tribunal relied on the CIT(A)'s observation that the satisfaction note was based on documents seized from the assessee, which could not form the basis for Section 158BD proceedings. The High Court noted that the Tribunal did not record any finding regarding the satisfaction note dated 31.5.2005, nor whether it was antedated, necessitating a remand for fresh examination.

Issue 2: Non-Appearance of Assessee's Name in Search Warrant
The appellant-revenue argued that the assessee's name did not appear in the search warrant executed on 8.5.2003, which included names of Vatika Group entities. The assessee contended that once the search team entered his premises, he was covered under Section 132(1) of the Act, and thus, proceedings should have been initiated under Section 158BC. The Tribunal dismissed the department's appeal, holding that the assessee's name not appearing in the search warrant did not invalidate the proceedings under Section 158BC, as the search itself covered the assessee.

Issue 3: Basis of Satisfaction for Section 158BD Proceedings
The revenue claimed that proceedings under Section 158BD were initiated based on satisfaction derived from materials seized during the search of Vatika Group entities. The assessee argued that the satisfaction note was not recorded until 27.1.2006 and was likely antedated. The High Court referred to the Supreme Court's judgment in CIT vs. Calcutta Knitwears Limited, which emphasized that a satisfaction note is sine qua non for Section 158BD proceedings and must be prepared by the Assessing Officer of the searched person before transmitting records to another Assessing Officer. The High Court observed that the Tribunal did not make any findings regarding the genuineness of the satisfaction note, necessitating a remand for a detailed examination.

Conclusion:
The High Court remanded the case to the Tribunal for fresh examination, instructing it to record reason-based findings on whether the satisfaction note dated 31.5.2005 was genuine or antedated. The Tribunal was directed to adjudicate the matter expeditiously, allowing both parties to raise all relevant points. The substantial questions of law were answered accordingly, and the appeal was disposed of.