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2021 (5) TMI 547 - AT - Income TaxAssessment u/s 153C - Revenue pleaded to reverse the CIT(A)'s action quashing Section 153C proceedings on the ground that the Assessing Officer; common for both the searched as well as the instant assessee, failed to record the twin satisfaction(s) as per the CBDT Circular No. 24/2015, dt. 31-12-2015 - HELD THAT:- We find that the hon'ble apex court's latest decision in M/s. Super Malls Pvt. Ltd. [2020 (3) TMI 361 - SUPREME COURT] has settled the law on the issue of the Assessing Officer being common in the searched as well as third party that the twin round(s) of satisfaction is nowhere mandatory after considering CBDT's circular. As the instant issue of twin satisfactions in case of the common Assessing Officer assessing both the searched as well as the third party; stands settled against the assessee and in favour of the department. The CIT(A)'s order quashing the impugned assessment on identical lines stands reversed therefore. We further keep in mind the fact that the CIT(A) has not dealt with the assessee's grievance(s) on merits and direct him to decide the same afresh within three effective opportunities of hearing. The assessee or its authorised representative shall appear before the CIT(A) on or before 30-09-2021 with all the relevant details and evidences to be followed by three effective opportunities of hearing; at its own risk and responsibility. Revenue's appeals allowed for statistical purposes.
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