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TMI Blog2022 (4) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... y of Delhi Vs. Union of India, Civil Appeal No. 9488 & 9489/2019 dated 17 December, 2019, hold that such a delay; supported by cogent reasons, deserves to be condoned so as to make way for the cause of substantial justice. We accordingly hold that revenue's impugned delay in filing this appeal is neither intentional nor deliberate but due to the circumstances beyond its control. The same stands condoned. Case is now taken up for adjudication on merits. 3. Coming to the Revenue's identical sole substantive grievance that the CIT(A) has erred in law and on facts in quashing the impugned assessment order for want of a valid satisfaction recorded u/s. 153C of the Act, we note that the corresponding lower appellate discussion to this effect reads as under: "4. During the appellate proceedings, Sri P. Murali Mohan Rao, AR appeared and the case was heard. The contention of the appellant is that the proceedings u/s. 153C are not validly initiated as there is no material belonging to the appellant which was seized, no satisfaction was recorded as required and the addition made is not based on the documents referred to while issuing the notice. In this regard, it was submitted as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nds of appeal, the order of the Hon'ble ITAT relied on by the appellant in their own group cases and order of CIT(Appeals) 12, Hyderabad in one of the group cases. The CIT(A)-12, in order in ITA No. 0160/2015-16, dt. 29.02.2016 in the case of Mr. P.S. Prasad for A.Y. 2009-10 held as under: "4.0 The appellant, an individual was served with notice u/s. 153C, in connection with the search proceedings conducted in MBS Jewellers Group on 11.03.2010, during which certain incriminating material related to the assessee were found, from which the AO found that a sale deed in respect of the immovable property situated at Hydernagar Village, Balanagar Mandal, R.R. District containing/revealing sale consideration received by the assessee, wherein the vendee/purchaser shown as tn/s. MBS Impex Pvt. Ltd. The AO invoked the provisions of Sec. 153C for initiating assessment proceedings and the return of income was filed in response to notice u/s. 153C, admitting total income of Rs. 4,01,840/-. The AO finalized the assessment by computing the total income at Rs. 28,47,44,746/-, raising a demand of Rs. 7,57,51,257/-. 4.1 The appellant has filed the appeal by raising as many as 20 precise grou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eneral grounds on the additions made, the appellant raised specific grounds on the validity of assessment proceedings u/s. 153C, in light of the judicial decisions/findings on the said subject matter. The appellant also furnished the copy of order sheets of the case, for the year under reference, indicating that the AD had not recorded the reasons before issuing notice u/s. 153C. Based on the submissions of the appellant the information and basis that lead to issuing of notice u/s. 153C in this case are called for from the AD, by way of calling for a report and the assessment records. There was no report from the AD, indicating the contradiction of submissions of the assessee. Further, the notings from the assessment record indicate that there are no specific recording of reasons for issuing the notice u/s. 153C, in this case, for the year under reference. Thus, the findings support the contention of the assessee. In this regard, it is pertinent to refer to the most important development that has taken place meanwhile is the outcome of the decision of ITAT, Hyderabad 'B' Bench dated 09.12.2015, in the case of the Mr. S. Satyanarayana & 7 others, belonging to the same group, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments & other loose sheets were found and seized. As per the seized documents, Pages 1 to 9 of Annexure AIPCGIRESI01 relates to Sri Dr. P.S. Prasad. Hence proceeding u/s. 153C initiated. Put up Notices u/s. 153C & 142(1) of the IT Act. Thus, as could be made out, there are no recording of reasons by the AO of M/s. MBS Jewellers (P) Ltd. that the said documents belongs to the assessee of the AO under reference and no reasons recorded by the AO of the assessee under reference, that the said documents belong to the assessee and incomes reflected therein represent his/her unaccounted income. 6.2 The judicial decision by ITAT, Hyderabad under reference is a connected case of appeal in the same group, against the order u/s. 143(3) rws 153C, filed before ITAT, which had quashed the order u/s. 143(3) rws 153C, on similar set of facts. In light of the order of ITAT, on similar set of facts, I am of the considered opinion that the order under reference do not survive with no valid reasons were recorded by the Assessing Officers concerned, as such the proceedings u/s. 153C are held to be annulled, on the ratio and the similar facts of the decisions by the jurisdictional High Court and t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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