Absence of satisfaction of AO of searched person must for other person without which jurisdiction assumed under 153C is invalid

Tanvir Collections Pvt. Ltd. Vs ACIT (ITAT Delhi)

Absence of satisfaction of AO of searched person must for other person without which jurisdiction assumed under 153C is invalid

It is palpable that the AO of Shri B.K. Dhingra, Smt. Poonam Dhingra and M/s Madhusudan Buildcon Pvt. Ltd., did not record any satisfaction that some money, bullion, jewellery or books of accounts or other documents found from these persons belonged to the assessee. The absence of such satisfaction, in our considered opinion, failed to confer any valid and lawful jurisdiction on the AO of the assessee to proceed with the matter of the assessment u/s 153C of the Act. We, ergo, set aside the initiation and the ensuing assessment on the assessee as void ab initio.

The reliance of the ld. DR on some decisions on other legal issues or merits is of no consequence in view of the lack of jurisdiction of the AO to proceed with the assessments u/s 153C of the Act.

FULL TEXT OF THE ORDER OF ITAT DELHI

Please become a Premium member. If you are already a Premium member, login here to access the full content.