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2016 (5) TMI 962 - AT - Income TaxCorrectness of assessment made u/s. 153A r.w.s. 153C - Held that:- On pertinently questioned about the satisfaction of the Assessing Officer in the case of searched person i.e. Garden Group of Surat, revenue is unable to point out any such satisfaction of Assessing Officer in case of Garden Group. It had been emphatically argued before us that the Assessing Officer is the same person, such satisfaction when recorded in case of the present assessee should be considered and construed as a due compliance under the provisions and there would not be any occasion to hand over the materials to himself being the very officer. However, the vital and mandatory requirement of recording the satisfaction u/s. 153C is concerned, such satisfaction is absent as far as Garden Group of Surat is concerned in whose case searched u/s. 132 of the Act has been carried out by the Department. As such an essential requirement prior to initiate the proceedings u/s. 153C has not been fulfilled. It would be appropriate and as per the ratio laid down in case of Assistant Commissioner of Income-tax v. A.R. Enterprises reported in (2013 (1) TMI 345 - SUPREME COURT ) to quash the notice issued against the assessee and the assessment order passed pursuant thereto. As the order of the First Appellate Authority is not in consonance with the law laid down by the Hon’ble Supreme Court (supra), we set aside the same and quash the assessment order.
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