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2009 (9) TMI 615 - ITAT JODHPURSearch and Seizure – penalty - before proceeding against any person other than the searched person under s. 158BD of IT Act, the law requires that a satisfaction to the effect that the documents found as a result of search give rise to undisclosed income of any other person other than the searched person, is required to be reached in the case of a person searched under s. 132 of IT Act - In the present case in appeal, no such satisfaction is found reached or recorded in the case of searched person - a notice under s. 158BC of IT Act which is also a condition essential for proceeding against such person has also not been met out though the condition of handing over of the seized documents can be deemed to have been satisfied as the AO of both the persons is of the same officer - preconditions of invoking jurisdiction under s. 158BD of IT Act are not satisfied, the notice so issued under s. 158BD of IT Act on the strength of which assessment of undisclosed income of the appellant has been made, quashed - penalty under s. 158BFA not leviable – Appeal allowed
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