TaxTMI 
TaxTMI 
2015 (2) TMI 1116
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.... its Cross objections for all the years under consideration is against the passing of orders by the Assessing Officer u/s 153C without first acquiring a valid jurisdiction. 3. Briefly stated the facts of the case are that a search and seizure action u/s 132 of the Income Tax Act, 1961 (hereinafter also called `the Act') was taken in the cases of Sh.B.K. Dhingra, Smt. Poonam Dhingra & M/s Madhusudan Buildcon Pvt. Ltd. on 20.10.2008. During the course of such search, certain documents belonging to the assessee were seized. On the basis of such documents so found, the proceedings were initiated and the assessments were finalized u/s 153C of the Act. The assessee unsuccessfully challenged before the ld. CIT(A) that a proper satisfaction was ....
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...., 1961 in the case of M/s Tanveer 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 ....
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....ced satisfaction recorded by the AO of the assessee and the reply given under the RTI Act to the three persons who were searched u/s 132, it becomes apparent that no satisfaction was recorded by the AO of the persons searched before embarking upon the assessments of the assessee. 7. At this stage, we want to clarify that certain cases in which the assessments were framed u/s 153C of the Act on some entities pursuant to search on Sh. B.K. Dhingra, Smt. Poonam Dhingra & M/s Madhusudan Buildcon Pvt. Ltd. in identical circumstances, came up for consideration before the Tribunal. In all these cases similar objections were raised by the assessee to the effect that no proper satisfaction was recorded by the AO of such assessees. The Tribunal ha....
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....hed. 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 ground of lack of proper jurisdiction of the AO. 10. Before parting with these appeals, we would like to record some further arguments made by the ld. DR. She vehemently argued that the Appraisal report clearly mentions that the assessee was to be taxed u/s 153C along with other several persons and the persons searched were liable to tax u/s 153A. In this view of the matter, she contended....
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....appeals be blocked because the request for the constitution of special bench in Konnar Enterprises Pvt. Ltd. (ITA no. 4141/Del/2012 etc.) is pending consideration, is not acceptable. It can be noticed that the tribunal has uniformally decided the issue in the manner as stated above and there is no conflicting decision on the set of facts which are under consideration. Further, the ld. AR has submitted that the issue in the case of Konnar Enterprises Ltd. is entirely different and has no bearing to the facts 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 satisfac....