Held that only on recording of such satisfaction by the AO of the “searched person” and handing over of the assets/documents to the AO of the “other person”, proceedings under s. 153C can be initiated by the AO of the “other person”. Such satisfaction was recorded by the AO of the “searched person” in this case and the documents were transmitted to the AO of the assessee, based on which he had rightly initiated the proceeding under S. 153C. Prior to the amendment of S. 153C, w.e.f Ist October, 2014,only the AO of the searched person was required to record the necessary satisfaction before handing over the seized documents. The AO of the other person was not required to record any satisfaction before initiating proceedings u/s 153C. Incriminating material was found in the course of search hence the assessment is valid. As regards payment made to tenant is not in respect of said plot hence the full consideration is assessable as income. (AY. 2004-05)
Satya Sankalp Villa (Ellisbridge) (P) Ltd. v. ITO (2024) 231 TTJ 678 / 38 NYPTTJ 833 (Ahd)(Trib)
S. 153C : Assessment-Income of any other person-Search-Recording of satisfaction-The documents were transmitted to the AO of the assessee, based on which he had rightly initiated the proceeding under S. 153C-The law is amendment of S. 153C w.e.f. 1st Oct., 2014-Incriminating material is found-Assessment is valid-Payment made to tenant is not in respect of said plot-Full consideration is assessable as income. [S. 132]
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