M/s Megha Motors, Lucknow V. Asstt. Commissioner of Income Tax, Lucknow

ITA 480/LKW/2014

• Counselvise Citation: 48023714 RSA 2014
• Duration Of Justice: 1 year(s) 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-10-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 16-09-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 28-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P K KAPOOR

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.480/LKW/2014 ASSESSMENT YEAR: 2008 09 M/S MEGHA MOTORS, SECTOR M, C 13, ALIGANJ, KURSHI ROAD, LUCKNOW - 226022 PAN:AAKFM7409H VS. ACIT, CENTRAL CIRCLE 1, LUCKNOW (APPELLANT) (RESPONDENT) ASSESSEE BY SHRI P. K. KAPOOR , C. A. REVENUE BY S HRI AMIT NIGAM , SR. DR DATE OF HEARING 16 /0 9 /201 5 DATE OF PRONOUNCEMENT 06/10/2015 O R D E R PER A. K. GARODIA, A.M. THIS IS ASSESSEES APPEAL DIRECTED AGAINST THE OR DER OF LEARNED CIT (A) III, LUCKNOW DATED 22.02.2014 FOR A.Y. 2008 09. 2. THE ASSESSEE HAS RAISED THREE GROUNDS BUT THE MA IN GRIEVANCE OF THE ASSESSEE IS THIS THAT THE ASSESSMENT ORDER PASSED U /S 153C IS NOT VALID BECAUSE NO SATISFACTION WAS RECORDED BY THE A.O. OF THE SEARCH ED PERSON. APART FROM THIS, THE ASSESSEE IS DISPUTING THE ADDITION OF RS. 249,939/- MADE BY THE A.O. 3. LEARNED AR OF THE ASSESSEE SUBMITTED THAT THE RE MAND REPORT OF THE A.O. IS AVAILABLE ON PAGES 41 TO 43 OF THE PAPER BOOK AND A S PER THE SAME, IT CAN BE SEEN THAT NO SATISFACTION WAS RECORDED BY THE A.O. OF TH E SEARCHED PERSON BECAUSE THE A.O. IS DISPUTING THE VERY REQUIREMENT OF SUCH RECO RDING OF SATISFACTION BY THE A.O. OF THE SEARCHED PERSON. HE ALSO PLACED RELIANCE ON THE TRIBUNAL ORDER RENDERED IN THE CASE OF VINOD KUMAR CHAURASIA VS. ACIT AS REPOR TED IN 42 CCH 30 (LUCKNOW). HE ALSO SUBMITTED THAT COPY OF THIS TRIBUNAL ORDER IS AVAILABLE ON PAGES 64 TO 70 OF THE PAPER BOOK AND HE DRAWN OUR ATTENTION TO PARA 6 OF THIS TRIBUNAL ORDER. LEARNED DR OF THE REVENUE SUPPORTED THE ORDERS OF THE AUTHO RITIES BELOW. 2 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIN D FORCE IN THE CONTENTIONS OF THE LEARNED AR OF THE ASSESSEE BECAUSE WE FIND THAT THE REMAND REPORT WAS CALLED FOR BY THE LEARNED CIT (A) ON THIS CONTENTION OF TH E LEARNED AR OF THE ASSESSEE THAT REQUISITE SATISFACTION WAS NOT RECORDED FOR INITIAT ING THE PROCEEDINGS U/S 153C. IN SPITE OF THIS, THIS IS NOT STATED BY THE A.O. IN TH E REMAND REPORT THAT REQUISITE SATISFACTION WAS RECORDED FOR INITIATING THE PROCEE DINGS U/S 153C. IN FACT, THE A.O. IN THE REMAND REPORT HAS STATED THAT THERE IS NO SUCH CONDITION ABOUT RECORDING OF SATISFACTION U/S 153C. HENCE, THIS IS ADMITTED POSI TION THAT NO SATISFACTION WAS RECORDED BY THE A.O. OF THE SEARCHED PERSON. THE LE GAL ASPECT ABOUT REQUIREMENT OF RECORDING OF SATISFACTION BY THE A.O. OF THE SEARCH ED PERSON IS COVERED IN FAVOUR OF THE ASSESSEE BY THE TRIBUNAL ORDER RENDERED IN THE CASE OF VINOD KUMAR CHAURASIA VS. ACIT (SUPRA). RESPECTFULLY FOLLOWING THIS TRIBU NAL ORDER, WE HOLD THAT THE PRESENT ASSESSMENT ORDER IS BAD IN LAW AND THE SAME IS QUAS HED BECAUSE NO REQUISITE SATISFACTION WAS RECORDED BY THE A.O. OF THE SEARCH ED PERSON NECESSARY FOR INITIATING THE PROCEEDINGS U/S 153C IN THE PRESENT CASE. IN VI EW OF OUR DECISION, NO ADJUDICATION IS CALLED FOR ON THE MERIT OF THE ADDI TION. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/- SD/- (SUNIL KUMAR YADAV) ( A. K. G ARODIA ) JUDICIAL MEMBER A CCOUNTANT MEMBER DATED: 06/10/2015 *C.L.SINGH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A) 5. D.R., I.T.A.T., LUCKNOW ASSTT. REGIST RAR