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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

Kamal Sharma, New Delhi vs. DCIT Central Circle-II, Faridabad

In the result, the appeal filed by the assessee is allowed

ITA 1218/DEL/2023[2009-10]Status: DisposedITAT Delhi14 Nov 2024AY 2009-10

Bench: Shri S.Rifaur Rahman & Shri Sudhir Pareekkamal Sharma, Vs. Dcit, Central Circle Ii, Village Bakoli, Faridabad. Delhi – 415 112. (Pan : Awsps7332M) (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate Shri Aman Garg, Ca Revenue By : Shri Sumer Singh Meena, Cit Dr Date Of Hearing : 19.09.2024 Date Of Order : 14.11.2024 Order Per S.Rifaur Rahman,Am: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax Appeals-3, Gurgaon (Hereinafter Referred To ‘Ld. Cit (A)’) Dated 27.02.2023 For Assessment Year 2009-10. 2. At The Time Of Hearing, Ld. Ar For The Assessee Submitted That Search Was Conducted In The Case Of Sunstar Group On 19.12.2013. Based On The Material Found, Notice Under Section 153C Of The Income-Tax Act, 1961 (For Short ‘The Act’) Was Issued On 20.01.2016. He Submitted That The 2 Deemed Search For The Purpose Of Section 153C Is Ay 2016-17. Assessing Officer Has Issued Notice U/S 153C To Ays Falling Within Six Assessment Years Immediately Preceding Assessment Year Relevant To The Previous Year In Which Search Was Conducted. He Submitted That Notices U/S 153C Was Issued On 20.01.2016 To The Assessee. It Shows That Satisfaction Was Recorded By The Assessing Officer Of The Assessee In The Ay 2016-17, Therefore, As Per The Provisions Of Section 153C, Six Years Prior To The Searched Assessment Year In This Case Is Ay 2016-17 Covers The Period I.E. Ays 2010-11 To 2015-16. Since The Assessment Proceedings Were Initiated For Impugned Ay 2009-10 Is Beyond Jurisdiction. He Submitted That The Issue Under Consideration Is Well Settled & In This Regard, He Relied On The Following Decisions :- (I) Itta Delhi In The Case Of M/S. Marconi Infratech (P) Ltd. Vs. Acit, Cc-11, Faridabad – 2024 (7) Timi 129 Dated 21.06.2024; (Ii)

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Shri Sumer Singh Meena, CIT DR
Section 153C

appropriate referencing should be made in the relevant assessment records of such other person. 5. It may be noted that in the present case satisfaction note was prepared by the AO on 25th February 2010. Consequently, the finding of the ITAT in the present case that the assessment made under

Srinivasan Charitable and Educational Trust, Perambalur vs. ACIT, Central Circle-2, Trichy

In the result, appeals filed by the assessee and appeal filed by the

ITA 31/CHNY/2024[2018-19]Status: DisposedITAT Chennai08 Nov 2024AY 2018-19

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.28, 29, 30, 31, 55, 56 & 57/Chny/2024 निर्धारण वर्ष/Assessment Years: 2013-14, 2015-16, 2016-17, 2018-19, 2012-13, 2014-15 & 2017-18 M/S. Srinivasan Charitable & Educational Trust, No.274-C, Thuraiyur Road, Perambalur-621 212. Tamil Nadu. [Pan: Aagts 1793 N] (अपीलार्थी/Appellant) V. The Acit, Central Circle-2, Trichy. (प्रत्यर्थी/Respondent) The Acit, Central Circle-2, Trichy. आयकर अपील सं./Ita No.522/Chny/2024 निर्धारण वर्ष/Assessment Year: 2014-15 V. Srinivasan Charitable & (अपीलार्थी/Appellant) Educational Trust, No.274-C, Thuraiyur Road, Perambalur-621 212. Tamil Nadu. [Pan: Aagts 1793 N] (प्रत्यर्थी/Respondent) Assessee By Mr. G. Baskar, Advocate Department By Mr. Nilay Baran Som, Cit सुनवाईकीतारीख/Date Of Hearing 22.08.2024 घोषणाकीतारीख /Date Of Pronouncement 08.11.2024 आदेश / O R Der Per Aby T. Varkey, Jm

Section 12ASection 132Section 143(2)Section 153ASection 153C

then the mater should be restored to the file of the AO for de novo assessment. Further, the Ld.AR also pointed out that the satisfaction note recorded by the AO for successfully usurping the jurisdiction u/s 153C of the Act has not been furnished to the assessee, despite requesting ... followed by another notice u/s.153C of the Act on 12.09.2019 and completed the assessment in haste on 18.12.2019, without furnishing (i) satisfaction notes prepared by him (the AO) before usurping jurisdiction u/s.153C of the Act against the assessee and (ii) the non-furnishing of complete statements/materials being relied

Agl Technologies Ltd, New Delhi vs. DCIT Circle-1(1), New Delhi

In the result, appeal of the assessee is allowed

ITA 4692/DEL/2019[2010-11]Status: DisposedITAT Delhi30 Oct 2024AY 2010-11

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.4692/िद"ी/2019 (िन.व. 2010-11) M/S Agl Technologies Ltd., S-206, First Floor, Panchsheel Park, New Delhi 110017 ...... अपीलाथ"/Appellant Pan: Aaeca-1070-B बनाम Vs. Deputy Commissioner Of Income Tax, Circle-1(1), Room No. 153A, C.R Building, ..... "ितवादी/Respondent I.P Estate0, New Delhi 110002 अपीलाथ" "ारा/ Appellant By : Shri Anuj Jain, Chartered Accountant "ितवादी"ारा/Respondent By : Shri Kanv Bali, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 13/08/2024 घोषणा क" ितिथ/ Date Of Pronouncement : : 30/10/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-1, New Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 26.03.2019, For Assessment Year 2010-11. 2. The Solitary Ground Raised By The Assessee In Appeal Is Against The Addition Of Rs.1 Crore U/S. 68 Of The Income Tax Act, 1961 (Hereinafter Referred To As 'The Act’).

For Appellant: Shri Anuj Jain, Chartered AccountantFor Respondent: Shri Kanv Bali, Sr. DR
Section 133ASection 139Section 143(1)Section 148Section 68

that M/s Index Securities And Research P. Ltd., was engaged in providing accommodation entries to various beneficiaries. Based upon aforesaid facts, the AO recorded satisfaction note u/s. 148 of the Act and thus, proceeding u/s. 148 of the Act were initiated against the assessee. The ld. DR in support