9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 569 - AT - Income TaxAssessment u/s 153C - unexplained investments u/s.69 - no satisfaction recorded by the AO of the searched person - CIT-A quashed assessment as well as noticed issued u/s 153C - HELD THAT - CIT Departmental Representative stated that despite his best efforts from last three months, the AO is not sending any report or any satisfaction recorded in the case of searched person. As there is total non-cooperation from the field office of the Income Tax Department, we presumed that the Revenue has nothing to say on this matter except the arguments made by the learned CIT Departmental Representative i.e. relying on the assessment order. We find that this issue is also squarely covered by the order of Tribunal for AYs 2007-08 and 2008-09 and that of the present AY 2006-07 of CIT(A), which is common 2018 (1) TMI 322 - ITAT MUMBAI / Taking a consistent view and respectfully following the Tribunals order of co-ordinate Bench in assessee s own case, we of the view that there seems no satisfaction recorded by the AO of the searched person namely Shri Subhash Deshmukh in respect to this assessee - decided in favour of assessee.
Issues:
1. Quashing of assessment and notice under section 153C of the Income Tax Act without appreciating the facts. 2. Requirement of satisfaction note in the case of the searched person for invoking section 153C. Issue 1: Quashing of assessment and notice under section 153C: The appeal filed by the Revenue challenged the order of the Commissioner of Income Tax (Appeals) quashing the assessment and notice issued under section 153C of the Income Tax Act. The Revenue contended that the CIT(A) erred in quashing the notice and assessment without considering the commonality of the Assessing Officer (AO) for both the searched person and the other person. The Tribunal examined the facts and noted that a search operation was conducted in the case of Shri Subhash Deshmukh, leading to the issuance of notices under section 153C to the assessee. The Tribunal reviewed the satisfaction recorded in the case and found discrepancies in the satisfaction note, thereby supporting the CIT(A)'s decision to quash the assessment and notice. Issue 2: Requirement of satisfaction note in the case of the searched person: The Tribunal analyzed the requirement of a satisfaction note in the case of the searched person for invoking section 153C of the Income Tax Act. The Tribunal referred to previous judgments and emphasized the necessity for the AO of the searched person to record satisfaction that the seized material belongs to the other person before issuing a notice under section 153C. The absence of such satisfaction in the case of Shri Subhash Deshmukh was deemed fatal to the validity of jurisdiction assumed in the present case. The Tribunal highlighted the importance of adhering to procedural requirements and cited relevant circulars and judicial decisions to support the dismissal of the Revenue's appeal. In conclusion, the Appellate Tribunal upheld the decision of the Commissioner of Income Tax (Appeals) to quash the assessment and notice under section 153C, emphasizing the significance of recording satisfaction in the case of the searched person. The Tribunal's detailed analysis underscored the procedural lapses and supported the dismissal of the Revenue's appeal.
|
