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2014 (12) TMI 1067 - HC - Income TaxAssessment framed u/s 153C quashed – Assessment of income of any other person - Whether there is no satisfaction recorded by the AO having jurisdiction over the searched person – Held that:- The Tribunal was rightly in not accepting the initiation of the action u/s 153C - This action has to be taken against a third party in respect of the incriminating materials brought out in connection with search and seizure conducted on another party - Section 153C of the Act specifically says that the AO must be satisfied that such action is required to be initiated - the AO having jurisdiction over third party on receipt of the seized material or books of accounts or document being handed over to him shall record his own satisfaction after examining the same independently without being influenced by the satisfaction of the Seizing Officer – the section mandates recording of satisfaction of the AO(s) is a pre-condition for invoking jurisdiction and it is not a mere formality because recording of satisfaction postulates application of mind consciously as the documents seized must be belonging to the any other person other than the person referred to in Section 153-A of the Act - when a thing is to be done in one particular manner under law this has to be done in that manner alone and no other way – the Tribunal has correctly followed the principle – the order of the Tribunal is upheld – Decided against revenue.
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