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2015 (7) TMI 1047 - HC - Income TaxAssessment u/s 153C - whether the Assessing Officer (AO) is required, for the purposes of Section 153- C of the Act, to record satisfaction even when the AO of the person searched and the AO who exercises jurisdiction qua the Assessee is the same? - ITAT held that the AO has not recorded his satisfaction qua the searched person - Held that:- The Revenue has not placed any material to dispute the factual finding of the ITAT that the requirement of the law explained by this Court in Pepsi Foods [2014 (8) TMI 425 - DELHI HIGH COURT ] regarding the recording of satisfaction by the AO even in respect of the searched person was not fulfilled. Consequently, the fact that it was the same AO both for the searched person and the Assessee makes no difference to the consequence of non-compliance with the legal requirement regarding the recording of satisfaction. The Court also agrees with the ITAT that even if the AO were the same, satisfaction would have to be recorded separately qua the searched person and the Assessee. - Decided against revenue
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