2015 (5) TMI 362

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....ions of law. "Whether on the facts and circumstances of the case, the Hon'ble Tribunal was correct in holding that no satisfaction is recorded by the AO before initiating proceedings under section 153-C ? Whether on the facts and circumstances of the case, the Hon'ble Tribunal was correct in admitting the additional ground raised for the first time before the Tribunal ?" 2. Mr. Tejveer Singh submits that these two substantial questions of law arise because pursuant to the search and seizure action under section 132 (1) of the Income Tax Act, 1961, carried out in the case of M/s. Ingram Micro (India) Exports Pte. Ltd. / M/s. Tech Pacific (India) Ltd. at their business premises revealed that these two companies are not paying....

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.... recorded by the Assessing Officer before initiating proceedings under section 153-C of the IT Act, then, all other aspects need not be gone into. A finding in that behalf is sufficient and enough to dispose of these appeals. Secondly, the Tribunal has noted as to how many opportunities were granted by adjourning the appeals to produce the material before the Assessing Officer, if any. In that regard, he has invited our attention to paragraph 4 of the Tribunal's impugned order. For all these reasons, he would submit that the present appeals do not raise any substantial questions of law. 4. After hearing both sides and perusing the relevant material including the impugned orders, we are of the view that there is much substance in the ....

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....9; objection. To do complete justice and to both sides the Tribunal gave enough opportunity to the Revenue to produce the files and if the same contain the satisfaction of the Assessing Officer, then, to rely upon it before the Tribunal. The Tribunal noted that more than 20 months passed after the first direction to produce the record was issued. Despite repeated adjournments and as noted by the Tribunal in paragraph 9 of the impugned order, the satisfaction requisite for initiation of the proceedings under section 153-C was not available. The record in that behalf was not produced. In these circumstances, not only did the Tribunal find that it was necessary and in the interest of justice to permit raising of an additional ground, but to an....