9911796707
TMI Blog2015 (1) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... The appeals of the Revenue accordingly fail and are dismissed. - Decided against revenue. - ITA 648/2009, ITA 669/2009, ITA 670/2009, ITA 711/2009, ITA 1075/2009, ITA 1318/2009, ITA 196/2010, ITA 198/2010, ITA 279/2010, ITA 777/2010, ITA 1145/2010, ITA 1313/2010, ITA 1326/2010 - - - Dated:- 8-1-2015 - MR. S. RAVINDRA BHAT AND MRS. R.K.GAUBA, JJ. For The Revenue : Mr. Rohit Madan, Mr.Ruchir Bhatia and Mr.Akash Vajpai, Advocates For The Respondent : Mr. Pranjal Srivastava and Mr. V.M.Chaurasia, Mr. Salil Kapoor Mr. Vikas Jain, Mr.Piyush Kaushik, Dr. Rakesh Gupta, Ms.Poonam Ahuja And Mr. Mukul Mathur, Advocates MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) 1. These appeals are directed against the impugned order of ITAT. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 29.08.2002 15.07.2003 31.03.2004 31.03.2006 771/2009 03.08.2000 29.08.2002 21.07.2003 31.03.2004 31.08.2006 1075/2009 03.08.2000 29.08.2002 15.07.2003 17.08.2004 31.03.2006 1318/2009 03.08.2000 29.08.2002 15.07.2003 31.03.2004 31.03.2006 196/2010 03.08.2000 29.08.2002 13.01.2004 09.02.2004 30.12.2005 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dgments, along with another batch of cases, appeal was preferred before the Supreme Court, which decided in its judgment reported as CIT vs. Calcutta Knitwears, Ludhina 362 ITR 673 (SC), inter alia, that: 44. In the result, we hold that for the purpose of Section 158BD of the Act a satisfaction note is sine qua non and must be prepared by the assessing officer before he transmits the records to the other assessing officer who has jurisdiction over such other person. The satisfaction note could be prepared at either of the following stages: (a) at the time of or along with the initiation of proceedings against the searched person under Section 158BC of the Act; (b) along with the assessment proceedings under Section 158BC of the Act; and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 279/2010, the satisfaction note was recorded on 26.08.2003 i.e. four days short of a year after completion of assessment of the searched person; in ITA No. 1145/2010 it is recorded on 14.01.2004 i.e. about one year and four months after the searched person s assessment is completed. In ITA No. 1313/2010 and 1326/2010, satisfaction notes were recorded on 04.06.2003 i.e. about nearly 10 months after the completion of the assessment of the searched person. 5. Additionally, we may note in ITA No.1318/2009 that the main judgment of this Court in Radhey Shyam Bansal (supra) itself recorded that letter/communication note of 12.07.2003 did not accord with Section 158BD. The findings in the said judgment are as follows: 17. In view of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccepted that Annexures A, B, C D, referred to in this letter were not filed before the tribunal and have not been produced before us. It is conceded by the learned counsel for the revenue that they are also not available on the file of the Assessing Officer of the respondent. There is no explanation forthcoming with regard to the aforesaid annexures. It is well nigh impossible to know their content. The first paragraph of the letter dated 15th July, 2003 states that the respondent-assessee had acted as a mediator i.e. they had introduced Manoj Aggarwal with other persons toITA 582/2008 with connected matters whom accommodation book entries were provided by Manoj Aggarwal. There is no allegation in the first paragraph that the respondent a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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