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2020 (1) TMI 918 - AT - Income TaxAssessment u/s 153C - non recording of satisfaction by AO - HELD THAT:- Satisfaction note of the learned Assessing Officer, having analysed it in the light of the submissions made by the assessee, Ld. CIT(A), as a matter of fact, found that the learned Assessing Officer mentioned that during the course of search at the premises of various persons of the Raj Durbar group, various papers were found and seized, no search was conducted against the assessee company. Further, there is no mention of the contents or details of any document as to how certain documents mentioned therein “belong to” or “related to”, the assessee company; that the assessment order also does not give support to the said recitals inasmuch as there is no reference of any seized material “belonging to” or even “relating to” the assessee company leave aside any incriminating material relevant to assessment under section 153C of the Act/153A of the Act; and that in the light of the judgement of the Hon’ble High Court of Delhi in the case of PepsiCo India ( [2014 (8) TMI 898 - DELHI HIGH COURT] Pepsi Foods [2014 (8) TMI 425 - DELHI HIGH COURT] the satisfaction recorded by the learned Assessing Officer is grossly deficient and it does not fulfil the legal requirements to assume the jurisdiction under section 153C of the Act. No illegality or irregularity committed by the Ld. CIT(A) in holding that for the assessment year 2009-10 also the Assessing Officer should have recorded satisfaction and after issuing notice under section 153C of the Act should have framed the assessment, and the procedural lapse in this matter goes to the root of the matter and vitiates the proceedings. - Decided against revenue
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