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TMI Blog2017 (7) TMI 738X X X X Extracts X X X X X X X X Extracts X X X X ..... ) TMI 1425 - DELHI HIGH COURT] held that there do not have to be two separate satisfaction notes prepared by the AO of the searched person even where he is also the AO of the other person. In such event, the AO need make only one satisfaction note. That satisfaction note is qua the other person. In that view of the matter, the impugned order of the ITAT which proceeds to invalidate the proceedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7, 376/2017, 377/2017, 378/2017 379/2017 2. These appeals by the Revenue under Section 260-A of the Income Tax Act, 1961 ( Act ) are directed against the common order dated 28th October, 2016 passed by the Income Tax Appellate Tribunal ( ITAT ) in ITA Nos. 569, 570, 651, 652 and 929/Del/2013 for the Assessment Years ( AYs ) 2004-05, 2006-07, 2007-08, 2008-09 and 2007-08 respectively. 3. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in WP (C) No. 525 of 2015 (Ganpati Fincap Services Pvt Ltd. v. Commissioner of Income Tax) held, inter alia, as under: (iv) Where the AO of the searched person and the other person is the same, such a satisfaction note qua the other person has to be recorded by the AO of the searched person prior to the initiation of the proceedings against the other person. This is a sine die non for trigger ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The question framed is, accordingly, answered in the negative i.e., in favour of the Revenue and against the Assessee. The impugned order of the ITAT is hereby set aside. 9. Learned counsel for the Assessee, however, urges that this is a case where there were no incriminating materials available to proceed against the Assessee under Section 153C of the Act. 10. The above issue has not been e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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