TaxTMI 
TaxTMI 
2015 (3) TMI 1013
X X X X Extracts X X X X
X X X X Extracts X X X X
....tiation of proceedings u/s 153C of the Act. It was submitted by the Ld. DR that the assessee's cross objections are belated and assessee has not filed condonation application for condoning the delay. On perusal of the records, it is noticed that the Revenue's appeal memo (Form 36 with the grounds of appeals) were dispatched by the ITAT registry on 28.03.2014 and cross objection was filed on 11.04.2014. Since, the CO's are filed within the prescribed period of 30 days, there is no delay in filing these cross objections and we proceed to dispose off the same on merit. 4. At the very outset, the ld. Counsel for the assessee, referring to the grounds raised in the COs, submitted that the assessments made u/s 153C of the Act were invalid, since satisfaction was not recorded by the AO in the files of the searched person prior to initiation of proceedings u/s 153C of the Act. The said issue, it was submitted, was covered in favour of the assessee by the orders of the Coordinate Benches of this Tribunal which, in turn, had placed reliance on the judgment of the Hon'ble jurisdictional High Court in the case of M/s. Pepsico India Holding Pvt. Ltd v. ACIT reported in 367 ITR (673)/122 (Del....
X X X X Extracts X X X X
X X X X Extracts X X X X
....elhi vide orders dated 05/Jan/10 of CIT-I, New Delhi. DCIT, Central Circle - 17, New Delhi." 8. On the basis of RTI application of the assessee, a letter was issued by the AO [F.NO.DCIT/CC-17/RTI/2013-14/122 dated 10.6.2013] stating that 'no satisfaction' is recorded in the file of the searched person for initiation of proceedings u/s 153C of the Act in the case of the assessee. The letter of the AO reads as follows: "Sub: Application for seeking information under RTI Act, 2005 - reg - Please refer to your application on the above mentioned subject. 2. From the assessment records of Sh. Bhupesh Kumar Dhingra which is covered under section 153A, for the asst. years from 2003-04 to 2008-09 (block period), it is noticed that there is no 'satisfaction note' available/recorded in respect of other entities. ............................................." Similar letter addressed to the other searched persons, namely, Smt. Poonam Dhingra and M/s. Madhusudan Buildcon Pvt. Ltd are also placed on record at pages 4 and 5 of the PB filed by the assessee. 9. The contention of the ld. Counsel of the assessee was that it is apparent from the assessment records of the searched ent....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Finance & Leasing Ltd., WZ 13, Street No. 18, Krishna Park, Tilak Nagar, New Delhi, PAN No. for A.Y. 2003-04 to 2008-09. 05/07/2010 Documents at pages 231 - 329 of Annexure of A-23 and at pages 61 to 154 of Annexure A-32 seized by the Party R-2 from the premises at F 6/5, Vasant Vihar, New Delhi during the course of search conducted u/s 132 of the I.T. Act, 1961 on 20/10/2008 in the case of Sh. B.K. Dhingra, Smt. Poonam Dhingra, M/s Madhusudan Buildcon P. Ltd. have been found to belong to M/s Tanveer Finance & Leasing Ltd., WZ 13, Street No. 18, Krishna Park, Tilak Nagar, New Delhi which has not been covered u/s 132 of the I.T. Act, 1961. Accordingly, in terms of provisions of sec. 153C of the Act, notices u/s 153C are hereby issued for the A.Y. 2003-04 to 2008-09 in the case of M/s Tanveer Finance & Leasing Ltd. The case was centralized in the Central Circle - 17, New Delhi vide orders dated 03.11.2009 of CIT-VI, New Delhi. Sd/- DCIT, Central Circle-17, New Delhi 5. The view canvassed by the ld. AR is that no satisfaction was recorded by the AO of the three persons searched and the above satisfaction was recorded in the file of and by the AO of the assessee only. To su....
X X X X Extracts X X X X
X X X X Extracts X X X X
....are null and void. iv. Even if the AO of the persons searched and the "other person" is same, it is only the AO of the persons searched who is obliged to record satisfaction in his capacity as the AO of the person searched. 8. After considering the arguments made by both the sides, on the lines similar to those which have been made before us also, the Tribunal in the above orders has quashed the assessments so made by declaring them void ab initio for lack of proper jurisdiction. 9. It is pertinent to mention that the same three persons, viz., Sh. B.K. Dhingra, Smt. Poonam Dhingra & M/s Madhusudan Buildcon Pvt. Ltd., were searched in all the above cases and the AOs of those assessees' recorded satisfaction in the same manner as has been done in the instant case. No satisfaction was recorded by the AOs of the persons searched. All the submissions made before us are similar to those made in the above cases. Since there is no difference in the facts and legal position of the cases under consideration vis-a-vis those already considered and decided by the Tribunal, respectfully following the precedents, we set aside the assessment and the consequential impugned orders on the gr....
X X X X Extracts X X X X
X X X X Extracts X X X X
....acts of the instant case. 15. The next contention urged by the ld. DR is that the Tribunal in some other cases has held that where the AO of the persons searched and the "other person" is same, then there is no need to record such satisfaction. This contention cannot be countenanced because the same has been rejected by the Tribunal in all the above listed cases. As the facts and circumstances of the present case are identical with those of Tanvir Collections and Inlay etc., in which such contention has not found favour with the tribunal, we prefer to go with a view taken by the Tribunal in these decisions. 16. As regards the proposal of the Revenue to file Miscellaneous application in the case of Tanvir Collection, we find that no such Miscellaneous application has so far been filed. Further, the contention that the order in the case of Inlay Marketing is per incurium, has been dealt with by the tribunal in the case of Tanvir Collection, by holding that there is no flaw in such order. 17. The other objections taken by the ld. DR in her written submissions are nothing but reiteration of the points argued earlier, which have been elaborately dealt with in the above referred....