2021 (5) TMI 101

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..... amed u/s. 143(3) r.w.s. 153C of the Income Tax Act, 1961 ('the Act') consequent to search in the case of RNS Infrastructure Limited and others on 16.02.2012. The assesses in all these appeals, inter alia, raised the legal ground with regard to non-recording of satisfaction by the Assessing Officer of searched persons. 3. The learned Authorised Representative submitted that the assesses sought for copies of order sheet entry to know the satisfaction recorded by the Assessing Officer of searched persons so as to issue Notice by the Assessing Officer to the assessee u/s. 153C of the Act. However, the Assessing Officer refused to supply the satisfaction recorded to invoke the provisions of Section 153C of the Act stating that it is con .....

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..... these assesses issued Notices u/s. 153C of the Act. According to the ld. DR, since the assesses have not raised the issue regarding recording of satisfaction before the respective Assessing Officer at the time of assessment, he cannot raise the same before the CIT (Appeals) or before the Tribunal. He relied on the orders of CIT (Appeals). 5. We have heard both the parties and perused the material on record. As per Section 153C of the Act, the Assessing Officer of searched person shall proceed against such other person on reaching satisfaction that any undisclosed income belonging to such other person over whom he has no jurisdiction then he has to transmit the seized material to the Assessing Officer having jurisdiction over such other pe .....

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..... luded from raising this issue before this Tribunal have no merit since the assessee from the beginning sought the copies of recording of satisfaction by the Assessing Officer of searched person. Further at this stage, we are refrained going into other grounds of appeals raised by the assesses. Since we have remitted the legal issue to the file of CIT (Appeals) for fresh consideration, other grounds raised by the assesses are kept open and the assesses are at liberty to raise these grounds, in accordance with the law, if the assessee intends to do so. 6. In the result, the appeals of the assesses are allowed for statistical purposes. Pronounced in the open court on the date mentioned on the caption page.
Case laws, Decisions, Judgement .....

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