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“satisfaction note”

Search & SeizureSection 153CSection 153C2,598 judgments

The decision most relied on for satisfaction note is CIT v. RRJ Securities Ltd. (380 ITR 612), cited in 689 judgments on BharatTax.

Leading authorities on satisfaction note

CIT v. RRJ Securities Ltd.
380 ITR 612 · 2016 · High Court
689
citing judgments

Completed assessments can be interfered with under Section 153A or 153C only on the basis of incriminating material unearthed during the search, necessitating a direct correlation between the discovered material and the power to assess or reopen concluded assessments.

CIT v. Calcutta Knitwears
362 ITR 673 · 2014 · Supreme Court
528
citing judgments

The recording of a satisfaction note by the Assessing Officer is a jurisdictional prerequisite for assessments under Section 153C, and the six-year limitation period for such assessments is reckoned from the date this satisfaction is recorded.

ARN Infrastructure India Ltd. v. Asstt. CIT
394 ITR 569 · 2017 · High Court
282
citing judgments

For initiating proceedings under Section 153C, seized documents must be incriminating and specifically relate to the assessment years for which assessments are reopened. A document relevant only for one year cannot be used to reopen other assessment years without being incriminating for those years.

PCIT v. Ojjus Medicare (P) Ltd.
465 ITR 101 · 2024 · High Court
277
citing judgments

For assessments under Section 153C, the commencement point for calculating the six or ten assessment year block period is the date of issuing the Section 153C notice, or the date of the satisfaction note/handing over of books, as clarified by the first proviso to Section 153C(1).

DCIT v. Sunil Kumar Sharma
159 Taxmann.com 179 · 2024 · High Court
269
citing judgments

Loose sheets of paper containing jottings, not shown to be part of regularly maintained books of accounts, do not constitute incriminating material for initiating assessment under section 153C. The satisfaction note required for 153C proceedings must specify the assessment year to which the alleged incriminating material belongs.

Pepsico India Holdings (P) Ltd. v. ACIT
370 ITR 295 · 2015 · High Court
249
citing judgments

Section 153C of the Income-tax Act is invoked only when it is established that seized documents do not belong to the searched person, or if the searched person disclaims them; the satisfaction note must specifically indicate this fact.

Manish Maheshwari v. ACIT
289 ITR 341 · 2007 · Supreme Court
237
citing judgments

A block assessment proceeding under section 158BD is illegal if the procedure laid down in section 153C is not followed. The provisions of section 153C are similar to section 158BD in block assessment proceedings.

Pepsi Foods (P.) Ltd. v. Asstt. CIT
367 ITR 112 · 2014 · High Court
225
citing judgments

For assessments under Section 153C, a specific satisfaction note by the Assessing Officer of the person searched, recorded prior to initiating proceedings, is a jurisdictional prerequisite, rendering its absence void. The approval function under Section 153D is administrative and does not require elaborate reasoning.

Judgments citing satisfaction note

Kirtimaan Buildtech Private Limited, New Delhi vs. DCIT, CC-16, New Delhi, Jhandewalan Extn

In the result, the appeal of the assessee is allowed

ITA 334/DEL/2023[2014-15]Status: DisposedITAT Delhi30 Aug 2023AY 2014-15

Bench: Shri Chandra Mohan Garg & Dr. B.R.R. Kumarassessment Year: 2014-15 Kirtimaan Buildtech P. Ltd., The Dcit, Central Circle 16, New Delhi 130, Avtar Enclave, Pashim Vihar, New Delhi 110063 Vs. Pan Aadck 5559 N (Appellant) (Respondent) For Assessee: Shri R.K Gupta, Ca For Revenue : Mr. Waseem Arshad, Cit(Dr) Date Of Hearing : 10.08.2023 Date Of Pronouncement : 30.08.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed Against The Order Of Cit(A)-28, New Delhi Dated 26.12.2022 For A.Y. 2014-15. Application Of Assessee Seeking Additional Grounds. 2. The Ld. Assessee Representative (Ar) Submitted Written Submissions/Application To Support Legal Contention & Seeking Admission Of Additional Grounds Of Assessee Wherein It Has Been Stated That The Legal Grounds Are Pure Legal Issues Which Goes To The Root Of The Matter & All Material Facts & Documents Are Already Available On Record For Adjudication Of Legal Additional Grounds. The Ld. Ar Placed Reliance On The Judgment Of Hon’Ble Supreme Court In The Case Of Cit Vs. Sinhgad Technical Education Society 398 Itr 344 (Sc) & Gedore Tools Pvt. Ltd. 238 Itr 268 (Del.)

For Appellant: Shri R.K Gupta, CAFor Respondent: Mr. Waseem Arshad, CIT(DR)
Section 132Section 153C

extended period w.r.t. amended Act is not arising out of impugned asstt. order for the simple reason that the A.O., himself, in the satisfaction note, has taken a period of 06 years only for the purposes of Sec.l53C. - Hence, in case this 06 years period if calculated w.r.t. 29.10.20 (A.Y.21-22