Question And Answer
Subject: Whether ITAT can see the satisfaction note dwawn before search
Category: 
Querist: Surendra Mehta
Answered by:
Tags: ,
Date: July 14, 2021
Query asked by Surendra Mehta

Whether ITAT can see the satisfaction note drawn before search . S. 132 , 254 ( 1)

File Uploaded: Not Available


Answer given by

: Explanation to section 132 was inserted by the Finance Act , 2017 , w.e.f 1-4-1962 which reeds as under . Explanation – For the removal of doubts , it is hereby declared that the reason to believe , as recorded by the income -tax authority under this sub-section , shall not be disclosed to any person or any authority or the Appellate Tribunal .

In N. K. Jewellers v. CIT (2017) 398 ITR 116/ 251 Taxman 7 /298 CTR 113 /157 DTR 238 (SC) the Court held that ,not disclosing of the recording of reasons for search and seizure action, cannot be held to be invalid, in view of amendment made in section 132 or 132A, by Finance Act, 2017. Contentions not taken before the authorities are not permitted to be raised .
Appellate Tribunal cannot call the records to verify the satisfaction note . The High Court under writ jurisdiction has the power to call the satisfaction note of the Revenue Authority who have recorded the satisfaction note.
In Promain Ltd. v. Dy. CIT (2005) 95 TTJ 825 / 95 ITD 489 / (2006) 281 ITR (AT) 107 (SB)(Delhi)(Trib.) has held that Tribunal has no power to decide the validity of search.



Disclaimer: This article is only for general information and is not intended to provide legal advice. Readers desiring legal advice should consult with an experienced professional to understand the current law and how it may apply to the facts of their case. Neither the author nor itatonline.org and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information in this article nor for any actions taken in reliance thereon. No part of this document should be distributed or copied (except for personal, non-commercial use) without express written permission of itatonline.org

Leave a Reply

Your email address will not be published. Required fields are marked *

*