COURT: | ITAT Delhi |
CORAM: | A. T. Varkey (JM), R. S. Syal (AM) |
SECTION(S): | 153C, 158BD |
GENRE: | Domestic Tax |
CATCH WORDS: | satisfaction, Search assessment |
COUNSEL: | Kapil Goel |
DATE: | January 16, 2015 (Date of pronouncement) |
DATE: | January 19, 2015 (Date of publication) |
AY: | 2003-04 |
FILE: | Click here to view full post with file download link |
CITATION: | |
S. 153C: Even if the AO of the person searched and the 'other person' is the same, the recording of satisfaction by the AO having jurisdiction over the person searched is an essential and prerequisite condition for bestowing jurisdiction to the AO of the ‘other person. Impact of amendment by Finance (No. 2) Act 2014 w.e.f. 1.10.2014 considered |
It is a clear-cut proposition that the recording of satisfaction by the AO having jurisdiction over the person searched is an essential and prerequisite condition for bestowing jurisdiction to the AO of the ‘other person.’ On a close comparative study, it is overt that in so far as the question of acquiring jurisdiction by the AO of the person other than the person searched is concerned, the provisions of section 153C are in pari materia with section 158BD
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