| Question And Answer | |
|---|---|
| Subject: | Whether ITAT can see the satisfaction note dwawn before search |
| Category: | Income-Tax |
| Querist: | Surendra Mehta |
| Answered by: | Research Team |
| Tags: | power of Appellate Tribunal, Search and Seizure |
| Date: | July 14, 2021 |
Whether ITAT can see the satisfaction note drawn before search . S. 132 , 254 ( 1)
: 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.