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2019 (2) TMI 453 - HC - Income TaxValidity of assessment proceedings u/s 153-C - Jurisdiction - unearth of undisclosed income during search and seizure proceedings - Recording of satisfaction by the AO before initiating proceedings - Held that:- Merely stating that the case is covered under Section 153-C of the Act and the case has been notified under Section 153 of the Act would not be suffice and the same cannot be construed as the satisfaction recorded under Section 153-C of the Act. On the other hand, the said note would disclose that it is only a note prepared for initiating proceedings under Section 153-C of the Act. The same, neither has any heading/title, to indicate it as a satisfaction recorded nor the contents suggests the satisfaction of the Assessing Officer. Hence, the said note is incomplete in as much as the satisfaction of the Assessing Officer as required under Section 153-C of the Act. On this ground alone, the proceedings initiated by the revenue cannot be sustained. The aforesaid aspect goes to the root of the matter. Further proceedings initiated under Section 153-C of the Act are without jurisdiction and can be held to be vitiated in law. In such circumstances, there is no bar for the writ Court to entertain the writ petition dehors the alternative remedy of appeal available under the Act. Proceedings quashed - Decided in favor of assessee.
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