2015 (10) TMI 2693

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.... Ld.CIT(A), New Delhi dt. 9th September, 2013 for the A.Y. 2003-04 to the A.Y. 2008-09. As the issues arising in all these appeals are common, for the sake of convenience, they are heard together and disposed of by way of this common order. 2. Facts in brief:- The assessee belongs to the Thapar Group of cases. A search and seizure operation u/s 132 of the Act was carried out in the case of Shri BK Dhingra, Smt.Punam Dhingra, Director and M/s Madhusudan Buildcom Pvt.Ltd. on 20.10.2008 and during the course of search, certain documents allegedly belonging to the assessee were seized. On the basis of these documents so found, proceedings were initiated in the case of the assessee company u/s 153C of the Income Tax Act, 1961 (the Act) r.w. S....

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.... demonstrate that the satisfaction has been recorded by the A.O. of the search party. Thus, the A.O. who is having the jurisdiction of the search party, has admittedly not recorded satisfaction note, as mandated by law enabling the A.O. of the assessee to assume jurisdiction u/s 153C of the Act. The Ld.Counsel for the assessee submitted that all these assessments have to be quashed on the sole ground of satisfaction not being recorded by the Assessing Officer of the searched party. He relied on the following judgements. (i) Friends Clearing Agency P.Ltd. dt. 4.1.2011 (Del) (ii) Raj Enterprises vs. ITO (1995) 51 TTJ 408 (UP) (iii) Monarch Foods P.Ltd. vs. ACIT (1996) 54 TTJ 405 (Ahmd.) (iv) Seasons Caterin....

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....tter dt. 9.9.2014 wherein he had mentioned to have enclosed satisfaction note recorded by the A.O. of such other person. The copy of satisfaction note enclosed with the letter was prepared by A.O. of other entities who had assumed jurisdiction by invoking provisions of S.153 C......" 7.1. We observe that on the basis of replies obtained by assessee under RTI and on the basis of reply of A.O. Central Circle 21, to Ld.D.R. the satisfaction note dated 10.9.2010 is the satisfaction note prepared by A.O. of the other persons. This fact is further fortified from the fact that on the same day of recording satisfaction on 10.9.2010, the AO had raised notices, u/s 153C of the Act as placed in paper book page 1. 8. The Revenue has n....