TaxTMI 
TaxTMI 
TaxTMI 
2016 (12) TMI 1424
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....d CIT(A)-III, New Delhi dated 3rd December, 2012 and 6th December, 2012. ITA Nos.569, 570, 651 & 652/Del/2013 - Assessee's appeals :- 2. In all these appeals by the assessee, ground No.2, which is common, reads as under :- "On the facts and circumstances of the case Ld. Commissioner of Income Tax (Appeal) is not justified in confirming the action of Ld. AO for assuming jurisdiction u/s 153C which is misconceived and illegal being without jurisdiction, contrary to facts and provision of law and hence the assessment based thereon must be quashed as erroneous and void." 3. At the time of hearing before us, it is submitted by the learned counsel that search and seizure operation was carried out on 26th February, 2009 at the premises of Shri....
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.... Realtors Ltd. in ITA No.1144 & 1145/Del/2009. 4. Learned DR, on the other hand, stated that during the course of search of the premises of Shri Bal Kishan Saraf, documents belonging to the assessee company were found and seized. The case of Shri Bal Kishan Saraf and the assessee is centralized with the same Assessing Officer. Therefore, the satisfaction recorded by the Assessing Officer is, in effect, the satisfaction recorded by the Assessing Officer of the person searched as well as the assessee. He stated that in the Board's Circular, the CBDT has nowhere stated that when the Assessing Officer of the searched person and the other person is one and the same, then two different satisfactions are to be recorded by him. The CBDT only says ....
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....3. Several High Courts have held that the provisions of section 153C of the Act are substantially similar/parimateria to the provisions of section 158BD of the Act and therefore, the above guidelines of the Hon'ble SC, apply to proceedings u/s 153C of the IT Act, for the purposes of assessment of income of other than the searched person. This view has been accepted by CBDT. 4. The guidelines of the Hon'ble Supreme Court as referred to in para 2 above, with regard to recording of satisfaction note, may be brought to the notice of all for strict compliance. It is further clarified that even if the AO of the searched person and the "other person" is one and the same, then also he is required to record his satisfaction as has been held by....
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.... file of such other person and then in the case of such other person, the same Assessing Officer can issue notice u/s 153C. In the case under appeal before us, in response to assessee's application under Right to Information Act, the Assessing Officer replied as under :- "To Sh. Subhash Verma, Director, M/s Sheetal International Pvt.Ltd., G-81/A, Vijay Chowk, Laxmi Nagar, Delhi - 110092. Sir, Sub : Information sought under Right to information Act, 2005 - reg. This office has received your application under RTI Act, 2005 dated 31.03.2016 from CPIO & ITO (Hqrs) (OSD), Central-3, New Delhi on 04.04.2016. In this regard, it is submitted that assessment proceedings u/s 153C/153A/143(3) was completed in the case of M/s Sheetal Int....
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.... Kishan Sharoff, the searched assessee is centralized with this circle. During the course of assessment in the case of Sh. Bal Kishan Sharoff it was found that pages 13-16 of annexure A-11 and pages 1-40 & 48-49 of annexure A-12 belong to the assessee company. Sh. Bal Kishan Sharoff in his statement on oath also stated that these concerns are part of Group concerns and are having regular financial transaction with them. Therefore, I am satisfied that this is a fit case for initiating the proceedings u/s 153C rw section 153A of the I.T. Act, 1961. Accordingly, notices u/s 153C rw 153A of the I.T. Act, 1961 are issued for A.Y. 2003-04 to 2008-09 separately. Sd/- (S.N. Pandey) ACIT, Central Circle-2, New Delhi" 8. From the above sati....