2014 (4) TMI 1109

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... re is no recording of satisfaction by the Assessing Officer that undisclosed income belongs to any person other than the person who was searched which is a condition precedent. Settled position of law has been applied. - Decided in favour of assessee
SRI KALYAN JYOTI SENGUPTA AND SRI SANJAY KUMAR JJ. For the Appellant: Narasimha Sarma JUDGMENT: (per Hon'ble the Chief Justice Sri Kalyan Jyot .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 'satisfaction' but not "recording of satisfaction"? (iii) In the facts and circumstances of the case, whether the ITAT is correct in law in taking cognizance of the version that the respondentassessee filed returns in the status of HUF voluntarily for the assessment years 2000-2001 to 2006-2007 on 29-12-2006, ignoring the fact that the returns were filed subsequent to the search? (iv) In the fac .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... here is clear non-fulfillment of conditions laid down in Section 153C of the Income Tax Act, 1961, as there is no recording of satisfaction by the Assessing Officer that undisclosed income belongs to any person other than the person who was searched which is a condition precedent. Settled position of law has been applied. Therefore, we do not find any reason to interfere with the judgment and orde .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X