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The satisfaction has to be recorded with objectivity and objective material and not in a mechanical manner- an analysis in view of law laid down by the Supreme Court in case of Goenka Lime and Chemicals Ltd and related Judgments of High Courts in relation to reassessment.

Income Tax - Direct Tax Code - DTC - By: - CA DEV KUMAR KOTHARI - Dated:- 1-1-2016 - Relevant links and references: COMMISSIONER OF INCOME TAX JABALPUR (M.P.) Versus M/s. S. GOYANKA LIME AND CHEMICAL LTD. 2015 (12) TMI 1334 - SUPREME COURT OF INDIA CIT, Jabalpur Versus M/s S. Goyanka Lime and Chemicals Ltd. 2015 (5) TMI 217 - MADHYA PRADESH HIGH COURT Arjun Singh And Another Versus Assistant Director Of Income-Tax (Investigation) And Others 1998 (11) TMI 26 - MADHYA PRADESH HIGH COURT Cargo Clea .....

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f an action to be taken by a junior authority can be taken only if his senior authority is satisfied, then the senior authority must apply his own mind and then only record his satisfaction and not simply record satisfaction and give a go ahead clearance. This is very important and is to provide safeguard against arbitrary or unjust actions of lower authority. The senior authority who is required to consider and if proper to record his satisfaction, is supposed to consider the material brought o .....

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tisfaction about desirability of such proceeding. In some cases, satisfaction of another senior authority may also be required. In both situations the concerned authority must consider entire material on record, relevant law, and apply his mind. In case satisfaction is recorded without such exercise, the same will not be valid and entire proceedings may be invalid. Reopening of assessment: The AO reopened assessment with noting that prior approval/ satisfaction of JCIT has been obtained. On appe .....

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This was not found to meet requirement and purpose of law for such satisfaction. Not satisfied with the judgment of High Court, revenue preferred appeal before the Supreme Court with a petition for condonation of delay. Order of the Supreme Court: The honourable Supreme Court heard learned Advocates for The Petitioner / CIT. (Mr. Y. P. Adhyaru, Sr. Adv. Ms. Purnima Bhat Kak, Adv. Mrs. Anil Katiyar, Adv. Mr. Manish Pushkarna, Adv. Were present). The honourable Supreme Court condoned delay in fil .....

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