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Assessment u/s 153C on non-recording of reasons & unsigned order sheet invalid
Case Law Details
- Case Name
- Sri Sesha Sai Township P. Ltd. Vs ACIT (ITAT Visakhapatnam)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2007-08, 2008-09
- Courts
- All ITAT, ITAT Visakhapatnam
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Sri Sesha Sai Township P. Ltd. Vs ACIT (ITAT Visakhapatnam)
Conclusion: Where AO of searched person had not recorded the reasons and order sheet of AO of assessee though reasons were typed but remained unsigned, notice issued u/s 153C and the assessment order passed by AO was not valid as AO did not comply with the statutory requirement for issue of notice u/s 153C.
Held: AO initiated proceedings under section 153C in assessee’s case. Assessee contended that there was non-recording of satisfaction by AO of searched person for transfer of the material and to take action under section 153C b...




