2022 (4) TMI 28 - AT - Income Tax

Assessment u/s 153C - incriminating seized material found in search or not? - HELD THAT - We are dealing with the search in question dated 11.03.2010 in M/s. MBS Jewellers (P) Ltd. And that the corresponding satisfaction on the AO's part had to be to the effect that the specified incriminating seized material belongs to a person other than the searched party. Coupled with this, learned Counsel has already filed a copy of the tribunal's order in M/s. Ashi Plywood Industries is the very search that the Assessing Officer had not recorded a valid satisfaction u/s. 153C as well. We thus follow the judicial consistency to affirm the CIT's identical lower appellate findings in the absence of any distinction on facts and circumstances involved herein. Revenue appeal dismissed.

Summary

Issues:
Validity of assessment order under section 153C of the Income Tax Act, 1961 based on satisfaction recorded by Assessing Officer.

Analysis:

Issue 1: Validity of assessment order under section 153C
The appellate tribunal heard two Revenue's appeals against the CIT(A)-12, Hyderabad's orders for A.Ys. 2008-09 & 2009-10 involving proceedings under section 143(3) r.w.s. 153C of the Income Tax Act, 1961. The primary grievance was that the CIT(A) erred in quashing the assessment order due to the absence of a valid satisfaction recorded under section 153C of the Act. The appellant contended that the notice under section 153C was issued without the necessary satisfaction note by the Assessing Officer, rendering the assessment order invalid. The appellant relied on previous tribunal decisions and emphasized the importance of recording satisfaction as a pre-condition for invoking section 153C. The tribunal analyzed the reasons recorded by the Assessing Officer and noted that the initiation of proceedings under section 153C lacked the necessary satisfaction that the income belonged to the assessee. Referring to relevant case law and circulars, the tribunal upheld the lower appellate findings, emphasizing the significance of the Assessing Officer's satisfaction in such cases.

Outcome:
The tribunal dismissed the Revenue's appeals, affirming the lower appellate findings that the assessment orders under section 153C were invalid due to the absence of a valid satisfaction recorded by the Assessing Officer. The decision was based on the requirement that the seized material must be shown to belong to a person other than the searched party, and the failure to record such satisfaction rendered the assessment orders quashed. The tribunal emphasized the importance of complying with statutory requirements and judicial precedents in invoking section 153C of the Income Tax Act, 1961.