2017 (5) TMI 842

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..... t in the note that : "During the course of search and seizure documents/papers pages 1 to 31 of annexure A-28 seized by Party R-2, annexures A-56, A-57 and A-58 seized by party 04 are found to belong to M/s Satkar Fincap Ltd., C-I05, Ramdutt Enclave, Uttam Nagar, New Delhi. I have examined the above mentioned documents/papers and provision of section 153C is invocable in this case", the Income-tax .....

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..... Moheshwari, Advocates For the Respondent : Kapil Goel and Mukul Gupta, Advocates JUDGMENT 1. The question of law urged in these appeals is : Whether in the facts and circumstances of the case, the Income- tax Appellate Tribunal fell into error in holding that the satisfaction recorded by the Assessing Officer of the respondent, was not in accordance with section 153C of the Inco .....

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..... Pvt. Ltd., search and seizure took place under section 132 on October 20, 2008. The undersigned is the jurisdictional Assessing Officer of these cases. During the course of search and seizure documents/papers page 1 to 31 of annexure A-28 seized by party R-2, annexures A-56, A- 57 and A-58 seized by party 04 are found to belong to of M/s. Satkar Fincap Ltd., C-I05, Ramdutt Enclave, Uttam Nagar, Ne .....

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..... the Income-tax Appellate Tribunal ( ITAT ) succeeded. The Income-tax Appellate Tribunal quashed the assessment order on the ground that there was no proper recording of satisfaction by the Assessing Officer to issue notice under section 153A, that proceedings under section 153C were to be undertaken or drawn up. 4. This court has considered this submission. During the course of the hearing it w .....

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..... ion under section 153C of the Act may be set aside and the matter be remitted for consideration on the merits of the assessee's appeal. 6. We, accordingly, set aside the Income-tax Appellate Tribunal's findings with regard to absence of any satisfaction under section 153C and as a consequence remit the appeals for consideration by the Income-tax Appellate Tribunal on the merits. All rig .....

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