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2017 (5) TMI 842 - HC - Income TaxAssessment u/s 153C - no proper recording of satisfaction by the Assessing Officer to issue notice under section 153A - Held that:- During the course of the hearing it was suggested to the respondent/assessee through its counsel that having regard to the categorical statement in the note that : "During the course of search and seizure documents/papers pages 1 to 31 of annexure A-28 seized by Party R-2, annexures A-56, A-57 and A-58 seized by party 04 are found to belong to M/s Satkar Fincap Ltd., C-I05, Ramdutt Enclave, Uttam Nagar, New Delhi. I have examined the above mentioned documents/papers and provision of section 153C is invocable in this case", the Income-tax Appellate Tribunal's findings and conclusion cannot be sustained. Referring to assessee's submission that having regard to these facts the Income-tax Appellate Tribunal's findings with respect to no proper recording of satisfaction under section 153C of the Act may be set aside and the matter be remitted for consideration on the merits of the assessee's appeal, we, accordingly, set aside the Income-tax Appellate Tribunal's findings with regard to absence of any satisfaction under section 153C and as a consequence remit the appeals for consideration by the Income-tax Appellate Tribunal on the merits.
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