2015 (7) TMI 1047

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....ng counsel with Ms. Lakshmi Gurung, Advocate. For the O R D E R CM Nos. 13239/2015 & 13240/2015 (for exemption) 1. Exemption allowed subject to all just exceptions. 2. The application is disposed of. ITA 509/2015 3. These appeals by the Revenue under Section 260-A of the Income Tax Act, 1961 („Act) are directed against the common order dated 28th November 2014 passed by the....

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....ppellant tried to distinguish the cases on hand from the decisions in Pepsi Foods Pvt. Ltd. v. ACIT (supra) and Pepsico India Holdings Pvt. Ltd. v. ACIT (2015) 370 ITR 295 (Del). According to her when the AO of the searched person and of the Assessee is the same, the AO need not separately record his satisfaction qua the Assessee. She referred to an order dated 4th December 2014 passed by this Cou....

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....5, 7.1 and 8 of the impugned order: "5. ......Information obtained by Ld. A.R. from A.O. of searched persons as placed at paper book pages 34-38 clearly mentions that the satisfaction note with respect to other entities was not available/recorded by A.O. of searched person and further on the direction of Ld. D.R., A.O., Central Circle -17, written to Ld. DR vide letter dated 09.09.2014 wh....

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.... the above precedents relied upon by Ld. A.R., we hold that satisfaction was to be first recorded by A.O. of searched person, which in the present cases has not been done. The facts and circumstances of the present appeals are similar to the case laws relied upon by Ld. A.R." 8. The Revenue has not placed any material to dispute the factual finding of the ITAT that the requirement of the law ex....