2015 (3) TMI 800 - AT - Income Tax

Validity of proceeding u/s 153C - Held that - The absence of a satisfaction recorded by the Assessing Officer of the searched persons, the Assessment framed u/s 153C of the Act by the Assessing Officer cannot be sustained, as such same is bad in law. It is observed that the Revenue has not placed any material on record in respect of evidence qua the present assessee collected during the search operation. Moreover, the satisfaction as envisaged under Section 153C is also not placed on record. Therefore, we have no option but to accept the contention of Ld. Counsel for the assessee that no satisfaction was recorded by the Assessing Officer of the searched party, this contention is supported by the reply of Revenue furnished under Right to Information Act. It is expected that the Assessing Officer should be careful in complying with the mandate of law to avoid loss to exchequer. Accordingly the ground raised by the assessee in cross objection, that the proceedings initiated under Section 153C is bad in law is allowed. The assessment framed u/s 153C read with section 143(3) pertaining to the Assessment Year 2003-04 is quashed. - Decided in favour of assessee.

Summary

Issues Involved:
1. Validity of assessments framed under Section 153C read with Section 143(3) of the Income Tax Act, 1961.
2. Requirement of satisfaction note by the Assessing Officer (AO) of the searched party.
3. Jurisdictional issues related to the initiation of proceedings under Section 153C.
4. Impact of non-recording of satisfaction on the validity of assessment.

Issue-wise Detailed Analysis:

1. Validity of Assessments under Section 153C read with Section 143(3):
The primary issue in these appeals was whether the assessments framed under Section 153C read with Section 143(3) of the Income Tax Act, 1961, were valid. The assessee argued that the assessments were null and void due to the absence of a satisfaction note recorded by the AO of the searched party. The Tribunal noted that the satisfaction note by the AO of the searched party is a condition precedent for initiating proceedings under Section 153C against a person other than the searched person.

2. Requirement of Satisfaction Note by AO of the Searched Party:
The Tribunal emphasized that the satisfaction note by the AO of the searched party is mandatory. This requirement was supported by the Hon'ble Delhi High Court in the case of Pepsi Foods Vs CIT (2014) 52 Taxman.com 220 (Del.), which held that the AO of the searched person must record a clear satisfaction that documents seized belong to a person other than the searched person. The Tribunal also referred to various other cases where similar views were upheld, reinforcing that the absence of a satisfaction note invalidates the proceedings under Section 153C.

3. Jurisdictional Issues Related to Section 153C:
The Tribunal examined whether the AO of the searched party and the AO of the assessee being the same person affects the requirement of recording satisfaction. It was concluded that even if the AO is the same, the satisfaction note must be recorded to comply with the statutory provisions. This was consistent with the decision in the case of DCIT Vs Tanvir Finance & Leasing Ltd., where it was held that the recording of satisfaction is necessary irrespective of whether the AO is the same for both parties.

4. Impact of Non-recording of Satisfaction on Validity of Assessment:
The Tribunal found that the non-recording of satisfaction by the AO of the searched party goes to the root of the jurisdiction to initiate proceedings under Section 153C. The Tribunal rejected the Revenue's argument that the absence of a satisfaction note is a mere technical defect. It was held that the statutory mandate must be strictly followed, and non-compliance renders the assessment null and void. The Tribunal quashed the assessments for the relevant assessment years due to the absence of the required satisfaction note.

Conclusion:
The appeals filed by the assessee were partly allowed, and the cross-appeals filed by the Revenue were dismissed as infructuous. The Tribunal quashed the assessments framed under Section 153C read with Section 143(3) for the assessment years 2003-04 to 2008-09 due to the absence of a satisfaction note by the AO of the searched party, thereby invalidating the proceedings initiated under Section 153C.