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2019 (9) TMI 547 - AT - Income TaxValidity of assessment order u/s. 143(3) r.w.s. 153C - no valid satisfaction as required u/s 153C - HELD THAT:- From the conjoint reading of the provisions of section 153C, the decision of the Hon’ble Supreme Court in the case of CIT vs M/s Calcutta Knitwears [2014 (4) TMI 33 - SUPREME COURT] and CBDT Circular No.24/2015, it is very clear that even if the AO of the searched person and the other person is one and the same, then also he is required to record separate satisfaction as required u/s 153C of the Act. If, no satisfaction is recorded, then whole proceedings becomes null and void. In this case, the departmental representative filed to produce satisfaction note recorded by the AO, in spite of bench directed to do so. Therefore, we are of the considered view that, there is no satisfaction was recorded by the AO of the searched person and the AO of the assessee, and hence, the assessment order passed u/s 143(3) r.w.s. 153C of the Act, cannot be held valid. Thus in absence of valid satisfaction as required u/s 153C of the I.T.Act, 1961, the whole proceedings including the assessment order passed u/s 143(3) r.w.s. 153C of the I.T.Act, 1961 is void ab-initio and liable to be quashed - Decided in favour of assessee.
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