AI Drafter 
TaxTMI 
TaxTMI 
2011 (12) TMI 635
X X X X Extracts X X X X
X X X X Extracts X X X X
....003. 2. First we take up the CO filed by the assessee. The additional ground has been raised in the CO which is as under:- "1. The notice issued u/s.158BD of the Act (enclosed herewith) is vague and devoid of requisite satisfaction to be recorded by AO and hence the assessment framed being bad in law in view of the various judicial pronouncements by courts of law deserves to be quashed " 3. It was submitted by the AR of the assessee that this additional ground should be admitted as this is a legal ground and therefore, as per the judgment of Hon'ble apex court rendered in the case of National Thermal Power Corporation v. CIT (1998) 229 ITR 383 (SC), the same should be admitted and decided. 4. Ld. DR of the Revenue raised s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hed in that case by following the judgment of Hon'ble apex court rendered in the case of Manish Maheshwari (supra). It was her submission that in the present case also, the facts are identical and hence, in the present case also, the assessment should be quashed. 6. Ld. DR of the Revenue supported the assessment order. 7. We have considered the rival submissions and perused the materials on record and gone through the orders of authorities below and the judgments cited by Ld. AR of the assessee. We find that in the present case, search was conducted at the residential premises of Shri Chunilal H Purohit on 21-01- 2003 in connection with search action in the case of Gordhan Caterers Group. Shri Chunilal H Purohit is father of Shri Sure....
X X X X Extracts X X X X
X X X X Extracts X X X X
....R of the assessee having rendered in the case of Shri Kaushik R Shah (supra), we reproduce the copy of notice issued by the Assessing Officer in that case and which has been reproduced by the Tribunal in para-10 of this Tribunal's order:- "NOTICE U/S 158BD OF THE I.T. ACT, 1961 Block Period ending on "13.12.2001 (i.e. from 1.4.1995 to 13.12.01) P.A.No./GIR No. Office of the Asstt. Commissioner of Income-tax, Cent. Cir.1(3), Ahmedabad Dated: 10.11.2003 To Shri Kaushik R Shah, 105, Maurya Complex, Nr, C.U. Shah College, Ahmedabad-14 In pursuance of the provisions of Section 158BD of the Incometax Act, 1961, you are req....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e month of Nov, 11995)." 10. Now, we also reproduce the notice issued by Assessing Officer in the case of New Delhi Auto Finance P. Ltd. (supra), which is as under:- "Notice under s. 158BC/D of IT Act, 1961 PAN/GIR No. Block period: 1st April, 1985 to 20th March, 1996 Income-tax Office : Dy. CIT Special Range-15, New Delhi Dt. 26th Oct. 1998 To, Principal Officer, New Delhi Auto Finance (P) Ltd., 174, Katra Baryan, Delhi-6 In pursuance of the provisions of s. 158BC/D of the IT Act, 1961, you are required to prepare a true and correct return of your total income including the undisclosed income in respect of which you as an individual/HUF/firm/company/AOP/BOI/local authority a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e Act is identical to the notice of issued in the case of M/s. C.S.L. Securities (P) Ltd. (supra). After perusing the notice dated 10-11-2003 issued u/s.158BD of the Act, it would be clear that it shows non-application of mind on the part of the A.O. Furthermore, the satisfaction of the AO is not visible from the contents of the notice. In view of the decision of the ITAT, Delhi Bench (supra) in the case of C.S.L. Securities (P) Ltd. we hold that the impugned notice does not contain or record the satisfaction of the Assessing Officer nor other details, such notice is to be held as vague. 15. Respectfully following the decision of the ITAT Delhi Bench in the case of C.S.L. Securities (P) Ltd. (supra), we hold that the notice dated 1....