57 (Bombay (ii) Narsi Creations v. DCIT

70 Taxmann.com 156High Court2016#7979 most cited

What is 57 (Bombay (ii) Narsi Creations v. DCIT authority for?

Recording of a satisfaction note by the Assessing Officer of the searched person is a mandatory prerequisite for assuming jurisdiction to issue a notice under section 153C of the Income-tax Act, 1961. This requirement applies even when the Assessing Officer of the searched person and the 'other person' are the same.

14

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2019.

Also referred to as

Narsi Creations v. DCIT · section 153C · satisfaction note · condition precedent · assessment of income of any other person · search and seizure · AO satisfaction · prerequisite for jurisdiction

Judgments citing 57 (Bombay (ii) Narsi Creations v. DCIT

Sudhir Kumar.D.Shah - HUF, Hyderabad vs. Dy. CIT, Central Circle-2, Hyderabad

ITA 1872/HYD/2013[2003-04]Status: DisposedITAT Hyderabad25 Oct 2019AY 2003-04

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singhappellant Respondent

For Appellant: Shri K.C.Devdas, ARFor Respondent: Shri Y.V.S.T.Sai, CIT-DR
Section 132Section 139Section 143(3)Section 153C

…Revenue as well as the assessee have no legs stand, since the assessments for both the years are quashed.” The assessee also relied on the decision of coordinate bench of ITAT, Delhi in the case of Narsi Creations Vs.Deputy Commissioner of Income Tax, (2016) 70 Taxmann.com 156, wherein, the Coordinate Bench of ITAT held that the satisfaction of the AO of searched person has to record satisfaction even if he is also the AO of the other person u/s 153C. 13. Similar issue was considered by the coordinate bench of ITAT Ahmedabad in Parshwa Corporation. v. Deputy Commissioner of Income-tax, Central Circle2, Baroda […

Sudhir Kumar.D.Shah - HUF, Hyderabad vs. Dy. CIT, Central Circle-2, Hyderabad

ITA 1871/HYD/2013[2002-03]Status: DisposedITAT Hyderabad25 Oct 2019AY 2002-03

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singhappellant Respondent

For Appellant: Shri K.C.Devdas, ARFor Respondent: Shri Y.V.S.T.Sai, CIT-DR
Section 132Section 139Section 143(3)Section 153C

…Revenue as well as the assessee have no legs stand, since the assessments for both the years are quashed.” The assessee also relied on the decision of coordinate bench of ITAT, Delhi in the case of Narsi Creations Vs.Deputy Commissioner of Income Tax, (2016) 70 Taxmann.com 156, wherein, the Coordinate Bench of ITAT held that the satisfaction of the AO of searched person has to record satisfaction even if he is also the AO of the other person u/s 153C. 13. Similar issue was considered by the coordinate bench of ITAT Ahmedabad in Parshwa Corporation. v. Deputy Commissioner of Income-tax, Central Circle2, Baroda […

Sudhir Kumar.D.Shah - HUF, Hyderabad vs. Dy. CIT, Central Circle-2, Hyderabad

ITA 1877/HYD/2013[2008-09]Status: DisposedITAT Hyderabad15 Oct 2019AY 2008-09

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singhappellant Respondent

For Appellant: Shri K.C.Devdas, ARFor Respondent: Shri Y.V.S.T.Sai, CIT-DR
Section 132Section 139Section 143(3)Section 153C

…Revenue as well as the assessee have no legs stand, since the assessments for both the years are quashed.” The assessee also relied on the decision of coordinate bench of ITAT, Delhi in the case of Narsi Creations Vs.Deputy Commissioner of Income Tax, (2016) 70 Taxmann.com 156, wherein, the Coordinate Bench of ITAT held that the satisfaction of the AO of searched person has to record satisfaction even if he is also the AO of the other person u/s 153C. 13. Similar issue was considered by the coordinate bench of ITAT Ahmedabad in Parshwa Corporation. v. Deputy Commissioner of Income-tax, Central Circle2, Baroda […

Sudhir Kumar.D.Shah - HUF, Hyderabad vs. Dy. CIT, Central Circle-2, Hyderabad

ITA 1876/HYD/2013[2007-08]Status: DisposedITAT Hyderabad15 Oct 2019AY 2007-08

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singhappellant Respondent

For Appellant: Shri K.C.Devdas, ARFor Respondent: Shri Y.V.S.T.Sai, CIT-DR
Section 132Section 139Section 143(3)Section 153C

…Revenue as well as the assessee have no legs stand, since the assessments for both the years are quashed.” The assessee also relied on the decision of coordinate bench of ITAT, Delhi in the case of Narsi Creations Vs.Deputy Commissioner of Income Tax, (2016) 70 Taxmann.com 156, wherein, the Coordinate Bench of ITAT held that the satisfaction of the AO of searched person has to record satisfaction even if he is also the AO of the other person u/s 153C. 13. Similar issue was considered by the coordinate bench of ITAT Ahmedabad in Parshwa Corporation. v. Deputy Commissioner of Income-tax, Central Circle2, Baroda […

Sudhir Kumar.D.Shah - HUF, Hyderabad vs. Dy. CIT, Central Circle-2, Hyderabad

ITA 1875/HYD/2013[2006-07]Status: DisposedITAT Hyderabad15 Oct 2019AY 2006-07

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singhappellant Respondent

For Appellant: Shri K.C.Devdas, ARFor Respondent: Shri Y.V.S.T.Sai, CIT-DR
Section 132Section 139Section 143(3)Section 153C

…Revenue as well as the assessee have no legs stand, since the assessments for both the years are quashed.” The assessee also relied on the decision of coordinate bench of ITAT, Delhi in the case of Narsi Creations Vs.Deputy Commissioner of Income Tax, (2016) 70 Taxmann.com 156, wherein, the Coordinate Bench of ITAT held that the satisfaction of the AO of searched person has to record satisfaction even if he is also the AO of the other person u/s 153C. 13. Similar issue was considered by the coordinate bench of ITAT Ahmedabad in Parshwa Corporation. v. Deputy Commissioner of Income-tax, Central Circle2, Baroda […

Sudhir Kumar.D.Shah - HUF, Hyderabad vs. Dy. CIT, Central Circle-2, Hyderabad

ITA 1874/HYD/2013[2005-06]Status: DisposedITAT Hyderabad15 Oct 2019AY 2005-06

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singhappellant Respondent

For Appellant: Shri K.C.Devdas, ARFor Respondent: Shri Y.V.S.T.Sai, CIT-DR
Section 132Section 139Section 143(3)Section 153C

…Revenue as well as the assessee have no legs stand, since the assessments for both the years are quashed.” The assessee also relied on the decision of coordinate bench of ITAT, Delhi in the case of Narsi Creations Vs.Deputy Commissioner of Income Tax, (2016) 70 Taxmann.com 156, wherein, the Coordinate Bench of ITAT held that the satisfaction of the AO of searched person has to record satisfaction even if he is also the AO of the other person u/s 153C. 13. Similar issue was considered by the coordinate bench of ITAT Ahmedabad in Parshwa Corporation. v. Deputy Commissioner of Income-tax, Central Circle2, Baroda […

Sudhir Kumar.D.Shah - HUF, Hyderabad vs. Dy. CIT, Central Circle-2, Hyderabad

ITA 1873/HYD/2013[2004-05]Status: DisposedITAT Hyderabad15 Oct 2019AY 2004-05

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singhappellant Respondent

For Appellant: Shri K.C.Devdas, ARFor Respondent: Shri Y.V.S.T.Sai, CIT-DR
Section 132Section 139Section 143(3)Section 153C

…Revenue as well as the assessee have no legs stand, since the assessments for both the years are quashed.” The assessee also relied on the decision of coordinate bench of ITAT, Delhi in the case of Narsi Creations Vs.Deputy Commissioner of Income Tax, (2016) 70 Taxmann.com 156, wherein, the Coordinate Bench of ITAT held that the satisfaction of the AO of searched person has to record satisfaction even if he is also the AO of the other person u/s 153C. 13. Similar issue was considered by the coordinate bench of ITAT Ahmedabad in Parshwa Corporation. v. Deputy Commissioner of Income-tax, Central Circle2, Baroda […

Sesha Sai Township Pvt.Ltd., Hyderabad vs. The ACIT, Vijayawada

In the result, appeals of the assessee are allowed

ITA 301/VIZ/2015[2007-08]Status: DisposedITAT Visakhapatnam11 Jan 2019AY 2007-08

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.Nos.301 & 302/Viz/2015 (ननधधारण वर्ा/ Assessment Year: 2007-2008 & 2008-09) Sri Sesha Sai Township P. Ltd. Vs. Asst.Commissioner Of D.No.40-7-9/1, 1St Floor Income Tax Moghalrajpuram Road Central Circle Labbipet Vijayawada Vijayawada [Pan : Aakcs2094K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri M.Chandramouleswara Rao, Ar प्रत्यधथी की ओर से/ Respondent By : Shri D.K.Sonowal, Cit Dr

For Appellant: Shri M.ChandramouleswaraFor Respondent: Shri D.K.Sonowal, CIT DR
Section 132Section 143(3)Section 153C

…Revenue as well as the assessee have no legs stand, since the assessments for both the years are quashed.” The assessee also relied on the decision of coordinate bench of ITAT, Delhi in the case of Narsi Creations Vs.Deputy Commissioner of Income Tax, (2016) 70 Taxmann.com 156, wherein, the Coordinate Bench of ITAT held that the satisfaction of the AO of searched person has to record satisfaction even if he is also the AO of the other person u/s 153C. 13. Similar issue was considered by the coordinate bench of ITAT Ahmedabad in Parshwa Corporation. v. Deputy Commissioner of Income- 10 I.T.A. Nos.301&302/Viz/20…

Sesha Sai Township Pvt.Ltd., Hyderabad vs. The ACIT, Vijayawada

In the result, appeals of the assessee are allowed

ITA 302/VIZ/2015[2008-09]Status: DisposedITAT Visakhapatnam04 Jan 2019AY 2008-09

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.Nos.301 & 302/Viz/2015 (ननधधारण वर्ा/ Assessment Year: 2007-2008 & 2008-09) Sri Sesha Sai Township P. Ltd. Vs. Asst.Commissioner Of D.No.40-7-9/1, 1St Floor Income Tax Moghalrajpuram Road Central Circle Labbipet Vijayawada Vijayawada [Pan : Aakcs2094K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri M.Chandramouleswara Rao, Ar प्रत्यधथी की ओर से/ Respondent By : Shri D.K.Sonowal, Cit Dr

For Appellant: Shri M.ChandramouleswaraFor Respondent: Shri D.K.Sonowal, CIT DR
Section 132Section 143(3)Section 153C

…Revenue as well as the assessee have no legs stand, since the assessments for both the years are quashed.” The assessee also relied on the decision of coordinate bench of ITAT, Delhi in the case of Narsi Creations Vs.Deputy Commissioner of Income Tax, (2016) 70 Taxmann.com 156, wherein, the Coordinate Bench of ITAT held that the satisfaction of the AO of searched person has to record satisfaction even if he is also the AO of the other person u/s 153C. 13. Similar issue was considered by the coordinate bench of ITAT Ahmedabad in Parshwa Corporation. v. Deputy Commissioner of Income- 10 I.T.A. Nos.301&302/Viz/20…

Prakash P. Mali, Mumbai vs. Asst(Now Dy) CIT (OSD-I) Cr 7, Mumbai

In the result, the assessee’s appeals for assessment years 2005-06

ITA 540/MUM/2016[2006-07]Status: DisposedITAT Mumbai01 Mar 2017AY 2006-07

Bench: Shri Jason P. Boaz & Shri Ram Lal Negi

For Appellant: Shri Girish DaveFor Respondent: Smt. Smt. Sasmita Misra
Section 132Section 133ASection 143(3)Section 153ASection 153CSection 234A

…IN THE INCOME TAX APPELLATE TRIBUNAL "C" Bench, Mumbai Before Shri Jason P. Boaz, Accountant Member and Shri Ram Lal Negi, Judicial Member ITA No. 540/Mum/2016 (Assessment Years: 2005-06 & 2006-07) Shri Prakash P. Mali ACIT (OSD-1), Central Range 7 33, Ashish Industrial Estate Room No. 409, 4th Floor Vs. Gokhale Road (S), Dadar (W) Aayakar Bhavan, M.K. Road Mumbai 400025 Mumbai 400020 PAN – ADSPM1174C Appellant Respondent Appellant by: Shri Girish Dave Respondent by: Smt. Smt. Sasmita Misra Date of Hearing: 08.02.2017 Date of Pronouncement: 01.03.2017 O R D E R Per Jason P. Boaz, A.M. These appeals by th…

Prakash P. Mali, Mumbai vs. Asst CIT (OSD-I) Cr 7, Mumbai

In the result, the assessee’s appeals for assessment years 2005-06

ITA 7406/MUM/2013[2005-06]Status: DisposedITAT Mumbai01 Mar 2017AY 2005-06

Bench: Shri Jason P. Boaz & Shri Ram Lal Negi

For Appellant: Shri Girish DaveFor Respondent: Smt. Smt. Sasmita Misra
Section 132Section 133ASection 143(3)Section 153ASection 153CSection 234A

…IN THE INCOME TAX APPELLATE TRIBUNAL "C" Bench, Mumbai Before Shri Jason P. Boaz, Accountant Member and Shri Ram Lal Negi, Judicial Member ITA No. 540/Mum/2016 (Assessment Years: 2005-06 & 2006-07) Shri Prakash P. Mali ACIT (OSD-1), Central Range 7 33, Ashish Industrial Estate Room No. 409, 4th Floor Vs. Gokhale Road (S), Dadar (W) Aayakar Bhavan, M.K. Road Mumbai 400025 Mumbai 400020 PAN – ADSPM1174C Appellant Respondent Appellant by: Shri Girish Dave Respondent by: Smt. Smt. Sasmita Misra Date of Hearing: 08.02.2017 Date of Pronouncement: 01.03.2017 O R D E R Per Jason P. Boaz, A.M. These appeals by th…

Pratyaksha Properties P.Ltd, Navi Mumbai vs. DCIT CC 47, Mumbai

In the result, appeals of the assessee are allowed in terms indicated hereinabove

ITA 6296/MUM/2014[2005-06]Status: DisposedITAT Mumbai09 Nov 2016AY 2005-06

Bench: Shri R.C.Sharma, Am & Shri Pawan Singh, Jm

Section 132(1)Section 153ASection 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL “C”, BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI PAWAN SINGH, JM ITA No.6295/Mum/2014 & 6296/Mum/2014 (Assessment Year :2004-05, 2005-06) M/s. Pratyaksha Properties Vs. DCIT, CC-47, Mumbai Pvt. Ltd., JN-3, 14/5, Sector – 9, Vashi, Navi Mumbai – 400 703 PAN/GIR No. AADCP2269C Appellant) .. Respondent) Assessee by Shri J.P. Bairagra Revenue by Shri Sanjay Bahadur Date of Hearing 11/08/2016 Date of Pronouncement 09/11/2016 आदेश / O R D E R PER R.C.SHARMA (A.M): These are the appeals filed by the assessee against the order of CIT(A) for the assessment year 2004-05 and 2005…

Pratyaksha Properties P.Ltd, Navi Mumbai vs. DCIT CC 47, Mumbai

In the result, appeals of the assessee are allowed in terms indicated hereinabove

ITA 6295/MUM/2014[2004-05]Status: DisposedITAT Mumbai09 Nov 2016AY 2004-05

Bench: Shri R.C.Sharma, Am & Shri Pawan Singh, Jm

Section 132(1)Section 153ASection 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL “C”, BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI PAWAN SINGH, JM ITA No.6295/Mum/2014 & 6296/Mum/2014 (Assessment Year :2004-05, 2005-06) M/s. Pratyaksha Properties Vs. DCIT, CC-47, Mumbai Pvt. Ltd., JN-3, 14/5, Sector – 9, Vashi, Navi Mumbai – 400 703 PAN/GIR No. AADCP2269C Appellant) .. Respondent) Assessee by Shri J.P. Bairagra Revenue by Shri Sanjay Bahadur Date of Hearing 11/08/2016 Date of Pronouncement 09/11/2016 आदेश / O R D E R PER R.C.SHARMA (A.M): These are the appeals filed by the assessee against the order of CIT(A) for the assessment year 2004-05 and 2005…

Oleander Farms P.Ltd, Navi Mumbai vs. DCIT CC 47, Mumbai

In the result, appeal of the assessee is allowed in terms indicated hereinabove

ITA 4966/MUM/2014[2005-06]Status: DisposedITAT Mumbai24 Oct 2016AY 2005-06

Bench: Transfer Of File To The Ao Of The Assessee. 3. Rival Contentions Have Been Heard & Record Perused.

For Appellant: Shri J.P.BairagraFor Respondent: Shri Sanjay Bahadur
Section 10(34)Section 132Section 132(4)Section 139Section 143(2)Section 143(3)Section 153CSection 68

…IN THE INCOME TAX APPELLATE TRIBUNAL “C”, BENCH MUMBAI BEFORE: SHRI R.C.SHARMA, AM & SHRI PAWAN SINGH, JM M/s. Oleander Farms Pvt. Vs. DCIT, CC-47, Mumbai Ltd., D-73/1, TTC Industrial Area, MIDC Road, Turbhe, Navi Mumbai – 400705 PAN/GIR No. : AAACO6556G (Appellant) ( Respondent) .. Assessee by : Shri J.P.Bairagra Revenue by : Shri Sanjay Bahadur Date of Hearing : 08/08/2016 Date of Pronouncement : 24/10/2016 आदेश / O R D E R PER R.C.SHARMA (A.M): This is an appeal filed by the assessee against the order of CIT(A) for the Assessment Year 2005-2006, in the matter of order passed under Section 153C read with secti…