393 ITR 557 (Delhi) (ii) Ganpati Fincap Services Pvt. Ltd. v. CIT

395 ITR 692High Court2017#4517 most cited

What is 393 ITR 557 (Delhi) (ii) Ganpati Fincap Services Pvt. Ltd. v. CIT authority for?

The recording of a satisfaction note by the Assessing Officer (AO) of the searched person is a mandatory pre-condition for initiating assessment proceedings under Section 153C of the Income Tax Act, 1961, in the case of another person, even if the AO for both is the same.

26

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2018 to 2025.

Also referred to as

Ganpati Fincap Services Pvt. Ltd. · Section 153C · satisfaction note · mandatory pre-condition · other person assessment · search proceedings · AO satisfaction · CBDT Circular 24/2015

Sections most often in play

Section 153CSection 153ASection 127Section 131Section 132Section 143(3)Section 144Section 69A

Issues it is cited on

satisfaction notesection 127section 153cdocuments seizedunexplained investmentsection 131section 153section 153aundisclosed incomesearch and seizuresection 132section 15

Judgments citing 393 ITR 557 (Delhi) (ii) Ganpati Fincap Services Pvt. Ltd. v. CIT

M/S. Ambawatta Buildwell Pvt. Ltd., New Delhi vs. DCIT, Faridabad

In the result, appeal of the assessee is allowed

ITA 2591/DEL/2015[2010-11]Status: DisposedITAT Delhi09 Apr 2019AY 2010-11

Bench: Shri R.K. Panda & Shri K. Narasimha Chary

For Appellant: Shri P.C. Yadav, AdvocateFor Respondent: Shri Sanjay Goyal, CIT-DR
Section 133ASection 153Section 153ASection 153A(1)(b)Section 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A ’ NEW DLEHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER I.T.A. No.2591/Del/2015 Assessment Year: 2010-11 M/s AmbawattaBuildwell P. Ltd., vs DCIT, Central Circle 1, K.H. No.267, 1st Floor, Faridabad. Chhattarpur Enclave, Mehrauli. New Delhi. (PAN: AAGCA0991B) (Appellant) (Respondent) Assessee by: Shri P.C. Yadav, Advocate Department by: Shri Sanjay Goyal, CIT-DR Date of hearing: 14.03.2019 Date of Pronouncement: 09.04.2019 ORDER PER K. NARASIMHA CHARY, JM This appeal is filed by M/s AmbawattaBuildwell P. Ltd. ("the as…

ACIT, New Delhi vs. Smt Urmila Chandulal Patel, New Delhi

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

ITA 1459/DEL/2015[2010-11]Status: DisposedITAT Delhi31 Dec 2018AY 2010-11

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

For Appellant: Shri Raj Gupta, CAFor Respondent: Smt Sulekha Verma, CIT DR
Section 132Section 142Section 153Section 153C

…less the document belongs to the assessee is shown by the learned AO in the satisfaction note itself with a reason and the basis. 24. Even the honourable Delhi High Court in case of Ganpati Fincap Private limited vs CIT[2017] 82 taxmann.com 408 (Delhi)/[2017] 395 ITR 692 (Delhi)/[2017] 298 CTR 174 (Delhi) in para number 41(ii) has held that Where proceedings are proposed to be initiated under Section 153C of the Act against the 'other person', it has to be preceded by a satisfaction note by the AO of the searched person. He will record in this satisfaction note that the seized document belongs to the other person…

ACIT, New Delhi vs. Krish Patel, New Delhi

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

ITA 1458/DEL/2015[2010-11]Status: DisposedITAT Delhi31 Dec 2018AY 2010-11

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

For Appellant: Shri Raj Gupta, CAFor Respondent: Smt Sulekha Verma, CIT DR
Section 132Section 142Section 153Section 153C

…less the document belongs to the assessee is shown by the learned AO in the satisfaction note itself with a reason and the basis. 24. Even the honourable Delhi High Court in case of Ganpati Fincap Private limited vs CIT[2017] 82 taxmann.com 408 (Delhi)/[2017] 395 ITR 692 (Delhi)/[2017] 298 CTR 174 (Delhi) in para number 41(ii) has held that Where proceedings are proposed to be initiated under Section 153C of the Act against the 'other person', it has to be preceded by a satisfaction note by the AO of the searched person. He will record in this satisfaction note that the seized document belongs to the other person…

ACIT, New Delhi vs. Praduman Patel, New Delhi

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

ITA 1457/DEL/2015[2010-11]Status: DisposedITAT Delhi31 Dec 2018AY 2010-11

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

For Appellant: Shri Raj Gupta, CAFor Respondent: Smt Sulekha Verma, CIT DR
Section 132Section 142Section 153Section 153C

…less the document belongs to the assessee is shown by the learned AO in the satisfaction note itself with a reason and the basis. 24. Even the honourable Delhi High Court in case of Ganpati Fincap Private limited vs CIT[2017] 82 taxmann.com 408 (Delhi)/[2017] 395 ITR 692 (Delhi)/[2017] 298 CTR 174 (Delhi) in para number 41(ii) has held that Where proceedings are proposed to be initiated under Section 153C of the Act against the 'other person', it has to be preceded by a satisfaction note by the AO of the searched person. He will record in this satisfaction note that the seized document belongs to the other person…

ACIT, New Delhi vs. Himanshu Patel, New Delhi

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

ITA 1456/DEL/2015[2010-11]Status: DisposedITAT Delhi31 Dec 2018AY 2010-11

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

For Appellant: Shri Raj Gupta, CAFor Respondent: Smt Sulekha Verma, CIT DR
Section 132Section 142Section 153Section 153C

…less the document belongs to the assessee is shown by the learned AO in the satisfaction note itself with a reason and the basis. 24. Even the honourable Delhi High Court in case of Ganpati Fincap Private limited vs CIT[2017] 82 taxmann.com 408 (Delhi)/[2017] 395 ITR 692 (Delhi)/[2017] 298 CTR 174 (Delhi) in para number 41(ii) has held that Where proceedings are proposed to be initiated under Section 153C of the Act against the 'other person', it has to be preceded by a satisfaction note by the AO of the searched person. He will record in this satisfaction note that the seized document belongs to the other person…

ACIT, New Delhi vs. Rohan Patel, New Delhi

Accordingly all the appeals of the revenue with respect to all these assesses are dismissed

ITA 1455/DEL/2015[2010-11]Status: DisposedITAT Delhi31 Dec 2018AY 2010-11

Bench: Shri Prashant Maharishi & Shri K.N.Charyacit, Vs. Rohan Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Asjpp8428L (Appellant) (Respondent) Acit, Vs. Himanshu Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Actpp8270C (Appellant) (Respondent) Acit, Vs. Praduman Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Ajhpp2206P (Appellant) (Respondent) Acit, Vs. Krish Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aqvpp2875R (Appellant) (Respondent) Acit, Vs. Urmila Chandulal Patel, Central Circle-06, New Delhi 10, Executive Club Road, Chandanholla Mehrauli, New Delhi Pan: Aeipp1395R

For Appellant: Shri Raj Gupta, CAFor Respondent: Smt Sulekha Verma, CIT DR
Section 132Section 142Section 153Section 153C

…less the document belongs to the assessee is shown by the learned AO in the satisfaction note itself with a reason and the basis. 24. Even the honourable Delhi High Court in case of Ganpati Fincap Private limited vs CIT[2017] 82 taxmann.com 408 (Delhi)/[2017] 395 ITR 692 (Delhi)/[2017] 298 CTR 174 (Delhi) in para number 41(ii) has held that Where proceedings are proposed to be initiated under Section 153C of the Act against the 'other person', it has to be preceded by a satisfaction note by the AO of the searched person. He will record in this satisfaction note that the seized document belongs to the other person…