Shanti Prime Publication Pvt. Ltd.
Sec. 153C of Income Tax Act, 1961— Assessment—A survey under Section 133A of the Act was also carried out at the business premises of M/s Super Mall (P) Limited – the assessee, at Karnal and New Delhi. The Assessing Officer was satisfied and it was specifically mentioned that the documents so seized belonged to the assessee – the other person. Therefore, it cannot be said that the mandatory requirements of Section 153C of the Act, in the facts and circumstances of the case, have not been complied with.The satisfaction note by the Assessing Officer clearly states that the documents so seized belonged to the other person – the assessee and not the searched person. Thus, the High Court was justified in observing that the requirement of Section 153C has been fulfilled. On facts, Hon’ble courtwas in complete agreement with the view taken by the High Court on the requirement of Section 153C of the Act being fulfilled by the Assessing Officer before initiating the proceedings under Section 153C of the Act.
Held that the ITAT shall decide and dispose of the appeals afresh on merits, at the earliest, in accordance with law, as observed by the High Court in the impugned Judgment(s) and Order(s). --- SUPER MALLS PRIVATE LIMITED vs. Pr. CIT.[2020] 23 ITCD Online 20 (SC)