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TMI Blog2014 (12) TMI 1067X X X X Extracts X X X X X X X X Extracts X X X X ..... ty on receipt of the seized material or books of accounts or document being handed over to him shall record his own satisfaction after examining the same independently without being influenced by the satisfaction of the Seizing Officer – the section mandates recording of satisfaction of the AO(s) is a pre-condition for invoking jurisdiction and it is not a mere formality because recording of satisfaction postulates application of mind consciously as the documents seized must be belonging to the any other person other than the person referred to in Section 153-A of the Act - when a thing is to be done in one particular manner under law this has to be done in that manner alone and no other way – the Tribunal has correctly followed the princip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (hereinafter referred to as the Act). This action has to be taken against a third party in respect of the incriminating materials brought out in connection with search and seizure conducted on another party. Section 153C of the Act specifically says that the Assessing Officer must be satisfied that such action is required to be initiated. Sri Narasimha Sarma, learned counsel for the appellant, submits that the word recording satisfaction is not a pre-condition for the object of the aforesaid Section. In any event, from a reading of the order passed by the Assessing Officer to initiate action, if it emerges that satisfaction is deemed to have been arrived at, mere non-use of the word of satisfaction does not vitiate the action. The ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elongs or belong to a person other than the person referred to in Section 153A of the Act. Thereafter, the Assessing Officer having jurisdiction over third party on receipt of the seized material or books of accounts or document being handed over to him shall record his own satisfaction after examining the same independently without being influenced by the satisfaction of the Seizing Officer. In other words it is not an automatic action. We find satisfaction of two officers is missing. In this connection we set out the text of the order of the Assessing Officer which is as follows. A search and seizure operation u/s. 132 was carried out in the group case of Dr. T. Yadhaiah Goud and others on 25.3.2010. During the course of search operati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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