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Case Law Details

Case Name : Zaidun Leeng Sdn Bhd Artefact Projects Ltd. (JV) Vs Dy. CIT (ITAT Nagpur)
Appeal Number : I.T.A. Nos. 382 & 383/Nag/2014
Date of Judgement/Order : 2008-09 & 2009-10.
Related Assessment Year :
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Zaidun Leeng Sdn Bhd Artefact Projects Ltd. (JV) Vs DCIT (ITAT Nagpur)

It is evident that recording of requisite satisfaction in the case of a searched party is a sine qua non for assuming jurisdiction for the issue of notice u/s 153C even if the AO of the searched person and the assessee are same. It is abundantly clear from the records in the case of the searched person that there is no requisite satisfaction granting the AO jurisdiction for issuing notice to the assessee u/s 153C of the T. Act. No satisfaction note whatsoever is found in the case of the searched person, namely, M/s Artefact Projects Ltd. In absence of any satisfaction note in the case of M/s Artefact Projects Ltd. that any seized material belonging to the assessee has been found which is incriminating in nature which is to be handed over to the AO of the assessee, the jurisdiction assumed in this case is illegal and the same deserves to be quashed. Accordingly in the background of the aforesaid discussion and precedent, in our considered opinion, the assessee deserve to succeed on this account and the assessments are liable to be quashed on account of lack of validity of jurisdiction. Accordingly we set aside the orders of the learned CIT(Appeals) on this aspect of jurisdiction and quash the assessments by holding that requisite satisfaction was not recorded before issue of notice u/s 153C.

FULL TEXT OF THE ITAT ORDER IS AS FOLLOWS:-

These are cross appeals by the assessee and the Revenue emanating out of the orders of learned CIT(Appeals)-III, Nagpur for assessment years 2008-09 and 2009-10 respectively. Since the issues are connected and the appeals were heard together, these are being disposed of by this common order. Common grounds of appeal raised in assessee’s appeal read as under :

1. The notice issued under section 153 C of Income Tax Act, 1961 is illegal, invalid and bad in law. Thus consequent assessment framed thereupon is liable to be cancelled.

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