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2015 (12) TMI 1225 - ITAT AHMEDABAD

2015 (12) TMI 1225 - ITAT AHMEDABAD - TMI - Cognizance of section 153C - no satisfaction was recorded by the AO of the searched persons authorizing the AO of the assessee to issue notice under section 153C - Held that:- The satisfaction note in other cases as well as recorded in the case of assessee are verbatim same except the assessment years. A perusal of the satisfaction note would indicate that it is totally vague. It does not disclose what is the material found during the course of search, .....

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2. The assessee has taken six grounds of appeal, but its grievance revolves around two issues, whereby, it has pleaded that the ld.AO has erred in taking cognizance of section 153C by ignoring that no satisfaction was recorded by the AO of the searched persons authorizing the AO of the assessee to issue notice under section 153C. In its second fold of grievance, the assessee has pleaded that the ld.CIT(A) has erred in confirming the addition of ₹ 8,23,298/-. The ld. Counsel for the assess .....

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x Act. He placed on record copy of the Tribunal s order. 3. The ld.DR on the other hand contended that the Assistant Commissioner of Income-tax, Cent.Cir.2, Baroda has made reference to the books of accounts, documents etc. while satisfying herself to the fact that the income has escaped assessment for the person upon whom no search was conducted. 4. We have duly considered rival contentions and gone through the record carefully. The brief facts of the case are that the assessee has filed its re .....

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the searched person has recorded a satisfaction for taking action against the assessee. He, therefore, issued a notice under section 153C of the Act. In response to the notice, the assessee has contended that the return filed on 1.1.2004 declaring income at ₹ 5,41,320/- be treated as filed in response to the notice issued under section 153C. In other words, the assessee has submitted return on 29.12.2006 declaring the same income which was returned under section 139(1) of the Act. The ld. .....

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Temple Amdavadi Bazar Nadiad-387 001. A search u/s 132 of the Income-tax Act was conducted/requisition made u/s 132A of the Income-tax Act in the group cases of Rameshbhai Babubhai Shah & other group of cases on 03.04.2008. I am satisfied that the money/bullion/jewellery/other valuable articles or things/books of account/documents seized belong(s) to you. Therefore, your income of six assessment years immediately preceding the assessment year relevant to previous year in which the aforesaid .....

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of the Income-tax Rules, 1962. It should be duly verified and signed in accordance with the provisions of Section 140 of the Said Act and delivered at my office as mentioned above within forty five days from the service of this notice. Sd/- (ILA PARMAR) Asstt. Commissioner of Income tax, Central Circle 2, Baroda 7. We find that identical satisfaction note recorded in the case of other assessees was considered by the ITAT along with IT(SS)A.No.68/Ahd/2012 and others. The Tribunal has reproduced .....

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he money/bullion/jewellery/other valuable articles or things/books of account/documents seized belong(s) to you. Therefore, your income of six assessment years immediately preceding the assessment year relevant to previous year in which the aforesaid search was conducted was made i.e., from A.Ys. 2003-04 to 2008-09 is required to be assessed/re-assessed, in accordance with the provisions of Section 153A r.w.s. 153C of the Act. You are, therefore, required to furnish hour return of income under S .....

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RMAR) Asstt. Commissioner of Income tax, Central Circle 2, Baroda 18. From the above, it is clear no satisfaction is recorded by the Assessing Officer of person searched. The Assessing Officer of assessee did not record any satisfaction prior to issue of notice u/s 153C. The so-called satisfaction recorded in the notice u/s 153C is totally vague. It has not specified which valuable articles/things/books of accounts/documents were found from Shri Rameshbhai B. Shah which belongs to the assessee. .....

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ation to hold that the basic condition for issue of notice u/s 153C has not been satisfied. 19. The ld. CIT-DR has claimed that any procedural irregularity in the issuance of notice u/s 153C is a curable defect as provided in Section 292B of the Income-tax Act. We are unable to agree with this contention of the ld. Departmental Representative. Section 292B reads as under:- 292B. No return of income, assessment, notice, summons or other proceeding, furnished or made or issued or taken or purporte .....

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ion 292B, any notice, summons or other proceeding would not be invalid merely by reason of any mistake, defect or omission in such return of income, assessment, notice, summons or other proceeding provided such return of income, assessment, notice, summons or other proceeding is in substance and effect in conformity with or according to the intent and purpose of this Act. However, before issuing of notice u/s 153C, the satisfaction of the Assessing Officer of the person searched is essential for .....

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