A Division Bench of the Hon’ble Karnataka High Court had to decide Writ Appeals filed against a common order of the Ld. Single Judge of the Hon’ble Court on questions relating to validity of notices issued under section 153C of the Act. The Hon’ble Court relied on landmark rulings of the Hon’ble Supreme Court and applied the tests laid down therein to observe that the action taken by Revenue against assessee based on material contained in diaries/loose sheets are contrary to law declared by the Hon’ble Supreme Court. Further, on the other issues, the Hon’ble Court observed that on perusal of material, it does not satisfy the ingredients of fair play embodied under section 127 of the Act. The Hon’ble Court also noted that Satisfaction Note is required to be recorded under section 153C for each assessment year and since in the instant case, a consolidated satisfaction note has been recorded, the same would vitiate entire assessment proceedings. Thus, ultimately it was held that the Ld. The single Judge had considered all the points and did not warrant any interference. Consequently, the appeals were rejected and the single Judge’s order was confirmed..(AY.2012-13 to 2018-19)
DCIT v. Sunil Kumar Sharma (2024) 469 ITR 197 / 159 taxmann.com 179 (Karn)(HC) Editorial :SLP of Revenue is dismissed, Dy.CIT v. Sunil Kumar Sharma (2024) 469 ITR 271/ 168 taxmann.com 77/ 302 Taxman 9 (SC)
S. 153C: Assessment-Income of any other person-Search-Loose Sheets of papers not shown to form part of books of accounts regularly maintained by assessee would not constitute material evidence-Reasonable opportunity to be provided to assessee before transfer of case in accordance with S. 127-Satisfaction Note to be recorded for each assessment year separately. [S. 127, 132, 153A, Art. 226]