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2015 (5) TMI 362 - BOMBAY HIGH COURT

2015 (5) TMI 362 - BOMBAY HIGH COURT - TMI - Validity of proceedings under section 153-C - whether no satisfaction is recorded by the AO before initiating proceedings under section 153-C as held by ITAT admitting additional evidence? - Held that:- The Assessing Officer did not allow inspection of the record to the assessee or its counsel and that is why they have raised additional ground about validity of the proceedings under section 153-C. That is about absence of any satisfaction being record .....

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ibunal noted that it has allowed this additional ground to be raised after hearing the departmental representatives' objection. To do complete justice and to both sides the Tribunal gave enough opportunity to the Revenue to produce the files and if the same contain the satisfaction of the Assessing Officer, then, to rely upon it before the Tribunal. The Tribunal noted that more than 20 months passed after the first direction to produce the record was issued. Despite repeated adjournments and .....

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ri And A. K. Menon,JJ. For the Petitioner : Mr Tejveer Singh For the Respondents : Mr J D Mistri, senior counsel with Mr Madhur Agarwal and Mr Atul K Jasani ORDER P.C. 1. According to Mr. Tejveer Singh, this appeal which arises out of the Tribunal's order dated 21st December, 2012, in a batch of six appeals and rendered for assessment years 2002-03 to 2007-08 raises the following substantial questions of law. "Whether on the facts and circumstances of the case, the Hon'ble Tribunal .....

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of M/s. Ingram Micro (India) Exports Pte. Ltd. / M/s. Tech Pacific (India) Ltd. at their business premises revealed that these two companies are not paying any income tax in India though they are having permanent establishment through M/s. Ingram Micro (India) Pte. Ltd. / M/s. Tech Pacific (India) Ltd. Therefore, proceedings were required to be initiated in this case to bring to tax the profits of these two entities. Subsequently, notices under section 153-C were issued for all these years. The .....

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rmitted and in the light of this the Tribunal could not have nullified the entire proceedings. In any event, the Tribunal should have found out as to whether there was material before the Assessing Officer to initiate proceedings under section 153-C of the Income Tax Act, 1961. The opportunity to produce that material was not granted and adequately. 3. Mr. Mistri, learned senior counsel appearing on behalf of the respondents in some of these appeals points out that neither of these submissions h .....

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al before the Assessing Officer, if any. In that regard, he has invited our attention to paragraph 4 of the Tribunal's impugned order. For all these reasons, he would submit that the present appeals do not raise any substantial questions of law. 4. After hearing both sides and perusing the relevant material including the impugned orders, we are of the view that there is much substance in the contention of Mr. Mistri. The additional ground was permitted and with regard to the validity of the .....

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of any satisfaction being recorded by the officer who was assessing the search party. There is no dispute about the fact that the assessee was not searched and the search has been conducted in the case of M/s. Ingram Micro (India) Exports Pte. Ltd. / M/s. Tech Pacific (India) Ltd. at their business premises in Mumbai. Therefore, in terms of section 153-A and 153-C of the IT Act, proceedings can only be initiated after the Assessing Officer arrives at a satisfaction that the seized material perta .....

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