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Income Tax

For the purpose of Section 158BD a satisfaction note is sine qua non -SC

Case Law Details

TaxGuru Citation
2014 taxguru.in 115
Case Name
CIT Vs Calcutta Knitwears (Supreme Court of India)
Date of Judgement/Order
Only available for paid members
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CA Sandeep Kanoi

Honourable SC has held in the case of CIT vs. Calcutta Knitwears that for the purpose of Section 158BD of the Act a satisfaction note is sine qua  non and must be prepared by the assessing officer before he transmits the records to the other assessing  officer who has jurisdiction over such other person. The satisfaction note could be prepared at either of the following stages: (a) at the time of or along with the initiation of proceedings against the searched  person under Section 1 58BC of the Act; (b) along with the assessment proceedings under Section 158BC  of the Act; and (c) immediately after the assessment proceedings are completed under Section 1 58BC of the Act of the searched person.

Relevant Paragraph From the Judgment

Section 158BD  provision is a machinery provision and inserted in the statute book for the purpose of carrying out assessments of a person other than the searched person under Sections 132 or  132A of the Act. Under Section 158BD of the Act, if an officer is satisfied that there exists any undisclosed income which may belong to a other person other than the searched person under Sections 132 or 132A of the Act, after recording such satisfaction, may transmit the records/documents/chits/papers etc to the assessing officer having jurisdiction over such other person. After receipt of the aforesaid satisfaction and upon examination of the said other documents relating to such other person, the jurisdictional assessing officer may proceed to issue a notice for the purpose of completion of the assessments under Section 1 58BD of the Act, the other provisions of XIV-B shall apply.

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