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TMI Blog2017 (3) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Officer. However, as per catena of decisions of the Hon’ble Supreme Court as well as this Court, same is not sufficient to initiate the proceedings under Section 153C of the Act in the case of the assessee (other than the searched person). CBDT has also issued Circular No.24/2015 dated 31/12/2015 in which it is observed that recording of satisfaction note is prerequisite and the satisfaction note must be prepared by the AO before he transmits the record to the other AO who has jurisdiction over such other person. - Decided in favour of assessee - TAX APPEAL NO. 122 of 2017 With TAX APPEAL NO. 123 of 2017 - - - Dated:- 21-2-2017 - MR. M.R. SHAH AND MR. B.N. KARIA, JJ. FOR THE APPELANT : MR NITIN K MEHTA, ADVOCATE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... minating documents were seized at the premises of the concerned respondent assessee during the course of search. Thereafter notice was issued under Section 153C of the Act for the Assessment Years 2007-08 and 2008-09. The Assessing Officer completed the assessment under Section 153C of the Act determining the taxable income of the assessee for the years under consideration. The same came to be confirmed by the learned CIT(A) in Appeals preferred by the assessee. In further Appeals, relying upon the decision of the Division Bench of this Court in the case of DCIT Central Circle 1 Baroda Vs. Lalitkumar M. Patel rendered in Tax Appeal No.192/2012 and having found and observed that there was no separate satisfaction in the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the Hon ble Supreme Court in the case of Manish Maheswari Vs. Asst. Commissioner of Income Tax Another reported in [2007] 289 ITR 341 (SC) ; in the case of Khandubhai Vasanji Desai Others Vs. Deputy Commissioner of Income Tax Another reported in 236 ITR 73 (Gujarat) and in the case of Commissioner of Income Tax Vs. Champakbhai Mohanbhai Patel reported in [2015] 370 ITR 700 (Gujarat) . While passing the impugned common judgment and order, the learned tribunal has relied upon the decision of the Division Bench of this Court in the case of Lalitkumar M. Patel (Supra) and relying upon the said decision the assessment orders under Section 153C in the case of the assessee (other than the searched person) are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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