2014 (6) TMI 1016

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....lant. 2. Calling in question tenability of an order passed by the Income Tax Appellate Tribunal, Jabalpur in the matter of interfering with the assessment orders passed by the Assessing Officer and the Appellate Authority mainly on the ground that recording of satisfaction and reason before proceeding to conduct block assessment for undisclosed income under Section 158 BD has not been recorded,....

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....tion was that in the light of the principles laid down by the Kerala High Court in the case of Panchajanyam Management Agencies & Services (supra) the recording of reasons was not necessary. His alternate submission was that even if the recording of reasons is necessary he invites our attention to the communication referred to in the order passed by the Tribunal, to say that recording of reasons h....

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....over to the Assessing Officer having jurisdiction over such other person; and (iii) The Assessing Officer has proceeded under Section 158BC against such other person." **           **           ** "As the Assessing Officer has not recorded its satisfaction, which is mandatory; nor has it transferr....

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....32A and Section 142. However, in this para the learned Bench has not referred to the principles laid down by the Supreme Court in the case of Manish Maheshwari (supra). A perusal of the order passed by the Kerala High Court shows that they have only said that the facts in the case of Manish Maheshwari (supra) are entirely different. From the observations and law laid down in the case of Manish Mah....