TMI Blog2020 (3) TMI 361X X X X Extracts X X X X X X X X Extracts X X X X ..... arly states that the documents so seized belonged to the other person the assessee and not the searched person. Thus, the High Court is justified in observing that the requirement of Section 153C has been fulfilled. On facts, we are in complete agreement with the view taken by the High Court on the requirement of Section 153C of the Act being fulfilled by the Assessing Officer before initiating the proceedings under Section 153C - Decided against assessee. - Civil Appeal Nos. 2006-2007 of 2020 (Arising out of SLP (C) Nos. 8449-50/2017 ) - - - Dated:- 5-3-2020 - Ashok Bhushan And M. R. Shah, JJ. For the Appellant : Ms. Prerna Mehta, AOR For the Respondent : Mrs. Anil Katiyar, AOR JUDGMENT M. R. Shah, J. As common question of law and facts arise in this group of appeals, and are with respect to common assessee, but with respect to different assessment years, all these appeals are being decided together by this common Judgment and Order. 2. For the sake of convenience, the facts of Civil Appeals arising from Special Leave Petition (C) Nos. 8449-8450/2017 arising from I.T.A. No. 453/2016 Review Petition No. 16/2017 for Assessment Year 2008-09 are st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned Judgment and Order, the High Court has allowed the said appeal preferred by the Revenue and has observed and held that there was a compliance of Section 153C of the Act. The High Court also observed that the Assessing Officer was justified in recording the satisfaction that the documents so seized belonged to the assessee. Consequently, the High Court has set aside the order passed by the learned ITAT and remanded the matter to the learned ITAT to hear the appeals afresh on merits. At this stage, it is required to be noted that the learned ITAT set aside the order passed by the learned CIT(Appeals) solely on the satisfaction note being invalid and did not enter into the merits. Therefore, the High Court set aside the learned ITAT s decision with respect to satisfaction note recorded by the Assessing Officer under Section 153C of the Act. Hence, the present appeal. 2.2 Therefore, the short question which is posed for the consideration of this Court is with respect to the satisfaction note recorded by the Assessing Officer, as required under Section 153C of the Act. 3. Shri R.P. Bhatt, learned Senior Advocate appearing on behalf of the assessee has made the fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction note that the seized documents belong to other person . That in the present case there was no satisfaction note by the Assessing Officer of the searched person. That there is a non-compliance of the provisions of Section 153C of the Act as well as even the Circular issued by the CBDT and therefore the learned ITAT rightly set aside the assessment order. 3.4 Making the above submissions and relying upon the aforesaid decisions, it is prayed to allow the present appeals. 4. Shri Arijit Prasad, learned Senior Advocate appearing on behalf of the Revenue, while opposing the present appeal/s has vehemently submitted that in the facts and circumstances of the case and after considering the satisfaction note recorded by the Assessing Officer, the High Court has rightly observed and held that there is a sufficient compliance of Section 153C of the Act. In support he has made the following submissions: 4.1 That in the present case, the Assessing Officer of the assessee and the Assessing Officer of the searched person was the same and therefore if one looks at the satisfaction note, it can be seen that there is a satisfaction note by the Assessing Officer of the searched pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter XIV-B shall apply. 6.1 It cannot be disputed that the aforesaid requirements are held to be mandatorily complied with. There can be two eventualities. It may so happen that the Assessing Officer of the searched person is different from the Assessing Officer of the other person and in the second eventuality, the Assessing Officer of the searched person and the other person is the same. Where the Assessing Officer of the searched person is different from the Assessing Officer of the other person, there shall be a satisfaction note by the Assessing Officer of the searched person and as observed hereinabove that thereafter the Assessing Officer of the searched person is required to transmit the documents so seized to the Assessing Officer of the other person. The Assessing Officer of the searched person simultaneously while transmitting the documents shall forward his satisfaction note to the Assessing Officer of the other person and is also required to make a note in the file of a searched person that he has done so. However, as rightly observed and held by the Delhi High Court in the case of Ganpati Fincap (supra), the same is for the administrative convenience and the failur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isdiction of this case has been assigned to this Office u/s 127 of the Income Tax Act, 1961 by the worthy Commissioner of Income Tax-III New Delhi vide order F. No. CITIII/Delhi/Centralization/1012-1312455 dated 15.01.2013. By virtue of the authorization of the Director of Income Tax (Investigation), Chandigarh, a search seizure operation u/s 132(1) of the Act was carried out on 08/09.04.2010 at the residential/business premises of Sh. Tejwant Singh Sh. Ved Parkash Bharti Group of cases, Karnal, Panipat Delhi and a survey u/s 133A of the IT. Act, 1961 was also carried out at the business premises of M/s Super Mall (P) Ltd. Karnal New Delhi. During the course of search on 08/09.04.2010 at residence of Sh. Ved Parkash Bharti who is a Director in the assessee company M/s Super Mall (P) Ltd., Pen drives were found and seized as per Annexure-3 from vehicle No. HR06N-0063 parked in front of the residence of Sh. Ved Parkash Bharti. Some documents as per Annexure A-1 were seized after taking print out of the above said pen drives. These documents contain the details of cash receipt on sale of shop/offices at M/s Super Mall, Karnal also beside other concerns. These documents a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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