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TMI Blog2017 (3) TMI 1866X X X X Extracts X X X X X X X X Extracts X X X X ..... No.134/CIT(A)-VI/BNG/2013-14 & ITA.No.240 / CIT (A) - 2 / PNJ / 2015-16 dated 27.10.2016, ITA.No.135/CIT(A)-VI /BNG/2013-14 & ITA.No.241/CIT(A)-2/PNJ/2015 -16 dated 27.10.2016, ITA.No.136/CIT(A)-VI/BNG/2013-14 & ITA.No.242 / CIT(A) - 2 / PNJ / 2015 - 16 dated 27.10.2016, ITA.No.137/CIT(A)-VI /BNG/2013-14 & ITA.No.243/CIT(A)-2/PNJ/2015 - 16 dated 27.10.2016 and ITA.No.138/CIT(A)-VI /BNG/2013-14 & ITA.No.244 / CIT(A) - 2 / PNJ / 2015 - 16 dated 27.10.2016 for the Assessment Years from 2005 - 06 to 2010 - 11 respectively. The appeals from ITA.No.97 to 101 are appeals filed by the revenue against the order of the learned CIT(A) in appeal no ITA.No.133/CIT(A)-VI/BNG/2013-14 & ITA.No.239/CIT(A)-2/PNJ/2015 - 16 dated 27.10.2016, ITA.No.134/CIT(A)- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mida Aleem, it was fairly accepted by the learned Departmental Representative that there was no search warrant. It was further submission that the search warrant was in the name of Shri M.A. Zahid and Shri M.A. Nayeem who are the brothers of Shri M.A.Aleem and the premises sought to be searched was Madeeha House, No. 1662, KHB Colony, JP Nagar, Hospet which was the residence of Shri M.A.Aleem and Smt Fahmida Aleem who are the partners of M/s. Madeeha enterprises. 5. It was a submission by the learned Authorized Representative of the assessee that in the course of the search at the premises of Madeeha House no incriminating evidence relating to Shri M.A. Zahid and Shri M.A. Nayeem was found. This was also accepted by the learned Departmenta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been notified to this Circle vide CIT, Gulbarga's F.No.90/Notification/CIT-GLB/2011-12 dated 28.07.2011. Hence, a notice calling for the returns of income for the Asst Year 2005-06 to 2010-11 as envisaged U/s. 153C issued. Put up for Signature Sd/- DCIT, CC-2, BGM 6. It was submission by the learned Departmental Representative that the recording is only to this extent as recorded in the order sheet. The learned Departmental Representative submitted that, the record in the order sheet is to be considered as the recording of the satisfaction. 7. In reply learned Authorized Representative of the assessee drew our attention to the decision of the Hon'ble Delhi High Court in the case of Pepsi Foods Pvt. Ltd. reported in 367 ITR 112 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ears reported in 362 ITR 673 (SC) then pending litigation with regard to the recording of the satisfaction were to be withdrawn / not pressed. 8. It was a submission by the learned Authorized Representative of the assessee that a perusal of the order sheet noting extract clearly shows that the same was not in the nature of the satisfaction. It was a further submission that a perusal of the decision of the Hon'ble Delhi High Court in the case of Pepsi Foods Pvt. Ltd., the Hon'ble Delhi High Court has categorically held that the satisfaction note itself must display the reasons or the basis for the conclusion that the Assessing Officer of the person in respect of whom the search was conducted is satisfied that the seized documents belonged t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disclosed assets or income which is found as belonged to the assessee. 11. The assessment order was also perused. The assessment order also does not refer to any of the seized materials. However in Page 2 Para 4 for the Assessment Year 2005 - 06 reference is being made to the audited Profit & Loss account of the assessee firm for the Assessment Year 2007 - 08, 2008 - 09, 2009 - 10, 2010 - 11. Admittedly these are audited Profit & Loss accounts and would very much be available with the regular returns filed by the assessee. This being so it cannot be said that the order sheet noting as has been produced before us by the learned Departmental Representative and extract above can in any manner be considered as the satisfaction note in so far a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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