9911796707
TMI Blog2015 (3) TMI 542X X X X Extracts X X X X X X X X Extracts X X X X ..... of CIT vs. Anil Kumar Chadha, Income Tax [2015 (2) TMI 723 - ALLAHABAD HIGH COURT] the same was followed too. - Decided against revenue. - Income Tax Appeal No. - 108 of 2014, Income Tax Appeal Defective No. - 43 of 2014, Income Tax Appeal Defective No. - 44 of 2014 - - - Dated:- 11-3-2015 - Hon'ble Tarun Agarwala And Hon'ble Dr. Satish Chandra,JJ. For the Appellant : Shambhu Chopra, Sr. Sc For the Respondent : Rahul Agarwal ORDER All the three appeals have been filed by the Department against consolidated order dated 29.11.2013 passed by the Income Tax Appellate Tribunal, Agra in ITA Nos. 200, 305 and 306/Agra/2013 for the assessment year 2002-03 and 2006-07. The brief facts of the case are that all the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... satisfied that undisclosed income found during search operations belongs to the third person before notice can be issued under section 153C. Mere use or mention of the word satisfaction in the order or note will not meet the requirement of the concept of satisfaction as used in section 158BD. The satisfaction has to be in writing and can be gathered from the assessment order, if it is so mentioned or recorded, or from any other order, note or record maintained by the Assessing Officer of the person searched. The Assessing Officer is satisfied when he makes up his mind or reached a clear conclusion when he take a prima facie view that the material available establishes undisclosed income of a third party. The Assessing Officer must reac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing cases : (a) Commissioner of Income Tax vs. Gopi Apoartment [2014] 365 ITR 411 (Alld); and (b) CIT vs. M/s. Shettys Pharmaceuticals Biologicals Limited ITA Nos 662 and 668 of 2014 (AP) It is also the submission of learned counsel for the assessee that the Income Tax Act however provides for taking recourse to a assessment of income of any other person other than the person searched and the conditions precedent for invoking such provisions against such other person are : (a) The search or requisitioin must have taken place in case of any person. (b) Where the AO is satisfied that any money, bullion, jewellery or other valuable articles or other things or books of accounts or documents seized or requisitions belongs or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s under Section 153C of the Income Tax Act. In the case of Vijaybhai N. Chandrani vs. ACIT, 333 ITR 436 (Guj.), it was held that : ..Section 153A, 153B and 153C of the Income Tax Act, 1961, lay down a scheme for assessment in case of search and requisition. Section 153C which is similarly worded to section 158BD of the Act, proves that where the Assessing officer is satisfied that any money, bullion, jewellery or other valuable article or thing or books of account or documents seized or requisitioned belongs or belong to a person other than the person referred to in section 153A he shall proceed against each such other person and issue such other person notice and assess or reassess income of such other person. However, there is a disti ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
