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2017 (3) TMI 1536 - AT - Income TaxAssessment u/s 153C - addition u/s 68 - jurisdiction in the case of persons other than searched person - Held that:- The satisfaction of the AO of the searched person is must for assuming the jurisdiction u/s 153C of the Act in case of a person other than the searched person. In the present case, the ld. CIT(A) categorically stated in the impugned order that the AO did not record any satisfaction during the assessment proceedings u/s 153A of the Act in the case of the searched person i.e. Sh. Pramod Goel. On the contrary, the AO recorded the satisfaction note in the file of the other person i.e. the assessee company. The said satisfaction was recorded by the AO in the proceedings relating to the assessee i.e. M/s Victory Dwellings Pvt. Ltd. and not in the case of Sh. Pramod Goel in whose case search and seizure operation u/s 132 of the Act was undertaken on 14.09.2010. Therefore, the jurisdiction assumed by the AO without recording the satisfaction in the case of the searched person was not valid. Thus additions made by the AO in the absence of incriminating material while framing the assessment u/s 153A of the Act was not valid and also in the absence of the satisfaction recorded by the AO of the searched person, the assumption of jurisdiction u/s 153C of the Act in the case of persons other than searched person was also not valid. - Decided in favour of assessee.
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