In case of proceedings initiated on a person other than searched person, notice has to be issued by Assessing Officer to other person under section 153A although such Assessing Officer gets jurisdiction under section 153C. For issuing notice under section 153A in case of on other than searched person, Assessing officer issuing such notice has to record satisfaction that books of account or documents or assets seized have a bearing on determination of total income of such other person, but in case of searched person, there is no such requirement prescribed under section 153A . Accordingly the assessment is held to be valid. (AY. 2005 -06)
Rajesh Kumar v. ACIT (2019) 175 ITD 734 / 181 DTR 79 (Bang.)(Trib.)
S. 153A : Assessment–Search-Income of any other person – Recording of satisfaction is mandatory -Notice has to be issued by Assessing Officer to other person under S. 153A although such Assessing Officer gets jurisdiction under S. 153C- In the case of searched person there is no requirement of recording of satisfaction. [S. 132, 153C]