2018 (12) TMI 1968

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.... passed by the assessing officer u/s 143(3) r.w.s. 153C of the Income Tax Act is bad in law, illegal and barred by limitation of time. 2. That on the facts and in the circumstances of the case, the Ld. CIT(A) erred in confirming the A.O's action in issuing notice u/s 153C of the Income Tax Act and thereby passing order u/s 153C r.w.s. 143(3) of the Income Tax Act without properly appreciating the facts of the case and submissions made before him. WITHOUT PREJUDICIE TO THE ABOVE 3. That on the facts and in the circumstances of the case, the Ld. CIT(A) also erred in maintaining addition of Rs.68926888/- as made by the Assessing Officer on account of Project at Satellite Hills without properly appreciating the facts of the case and su....

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....is, the assessee is in present appeal. Ground No.1 & 2 of the assessee's appeal are against initiation of provisions u/s 153C of the Act in the absence of the satisfaction recorded by the A.O. of the searched person. Ld. Counsel for the assessee submitted that the Tribunal has directed the revenue to furnish copy of the satisfaction recorded by the A.O. of the searched person. It is stated that there is no ambiguity under the provisions of law. It is mandated by the law that satisfaction of the A.O. of the searched person is a sine qua non for issuance of notice u/s 153C of the Act. It is submitted that ex facie action of the A.O. is contrary to the mandate of law and assessment so framed deserves to be quashed. Ld. Counsel for the assessee....

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....e has not raised any objection with regard to the satisfaction note in the entire proceedings. The assessee had attended the assessment proceedings, filed details, thereafter he filed an appeal before Ld. CIT(A). Before both the authorities, the assessee has not taken any ground that no satisfaction has been recorded. He submitted that no such ground was taken even before the Ld. CIT(A). Under these facts, the assessee cannot be allowed to take an objection that no satisfaction has been recorded and the assessment proceedings are vitiated on this account. 6. We have heard the rival submissions, perused the materials available on record and gone through the orders of the authorities below. We find merit into the contention of the Ld. D.R. ....

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....er such other person] [and that Assessing Officer shall proceed against each such other person in accordance with the provisions of section 153A, if, that Assessing Officer is satisfied that the books of account or documents or assets seized or requisitioned have a bearing on the determination of the total income of such other person [for six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted or requisition is made and] for the relevant assessment year or years referred to in sub-section (1) of section 153A]:] [Provided that in case of such other person, the reference to the date of initiation of the search under section132 or making of requisition under section 132A in t....