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P.R. COMMISSIONER OF INCOME TAX (CENTRAL-II) Versus AAKASH AROGYA MANDIR PVT. LTD.

2015 (7) TMI 1047 - DELHI HIGH COURT

Assessment u/s 153C - whether the Assessing Officer (AO) is required, for the purposes of Section 153- C of the Act, to record satisfaction even when the AO of the person searched and the AO who exercises jurisdiction qua the Assessee is the same? - ITAT held that the AO has not recorded his satisfaction qua the searched person - Held that:- The Revenue has not placed any material to dispute the factual finding of the ITAT that the requirement of the law explained by this Court in Pepsi Foods [2 .....

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person and the Assessee. - Decided against revenue - ITA 509/2015, ITA 510/2015, ITA 513/2015 - Dated:- 28-7-2015 - DR. JUSTICE S. MURALIDHAR AND MR. JUSTICE RAJIV SHAKDHER For the Appellant :Ms. Suruchi Aggarwal, Senior Standing counsel with Ms. Lakshmi Gurung, Advocate. For the O R D E R CM Nos. 13239/2015 & 13240/2015 (for exemption) 1. Exemption allowed subject to all just exceptions. 2. The application is disposed of. ITA 509/2015 3. These appeals by the Revenue under Section 260-A of .....

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rd satisfaction even when the AO of the person searched and the AO who exercises jurisdiction qua the Assessee is the same? The ITAT has in the impugned order held that the AO has not recorded his satisfaction qua the searched person in terms of the law explained by this Court in Pepsi Foods Pvt. Ltd. v. ACIT (2014)367 ITR 112 (Del). 5. Ms. Suruchi Aggarwal, learned Senior Standing counsel for the Appellant tried to distinguish the cases on hand from the decisions in Pepsi Foods Pvt. Ltd. v. ACI .....

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that no written satisfaction has been recorded by the AO of the persons searched. 6. In the first place, we do not find from the order dated 4th December 2014 in ITA Nos. 662, 663 and 664 of 2014 that a question was framed as to the statutory requirement of the AO recording satisfaction for the purposes of Section 153 C of the Act being any different where the AO of the searched person and the Assessee is the same. 7. Secondly, as far as the facts of the present cases are concerned, the Revenue .....

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