Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (2) TMI 1029 - AT - Income TaxValidity of proceedings under section 153C non recording of satisfaction by the Assessing Officer in the case of "person subjected to search" - Held that:- Satisfaction by the Assessing Officer of the searched person was not recorded before initiating proceedings under section 153C of the Act against the assessee and the impugned issue is squarely covered by judgment of the jurisdictional High Court in CIT Vs. Classic Enterprises [2013 (4) TMI 520 - ALLAHABAD HIGH COURT]. We, therefore, have no hesitation in holding that since the assessment was framed consequent to the proceedings initiated under section 153C of the Act, without recording satisfaction by the Assessing Officer of the searched person, the assessment is bad in law and deserves to be quashed. We accordingly set aside the order of the ld. CIT(A) and quash the assessment framed under section 153C read with 143(3) of the Act. - Decided in favour of assessee.
|