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| The Tax Publishers2020 TaxPub(DT) 1498 (Bang-Trib) INCOME TAX ACT, 1961
Section 158BD
Where assessee challenged block assessment order contending that no valid satisfaction was recorded by AO of searched person before issuance of notice under section 158BD, considering that such satisfaction was duly recorded by AO of searched person in assessment order passed by AO in case of searched person under section 158BC, ground raised by assessee was rejected.
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Search and seizure - Block assessment under section 158BD - No notice satisfaction was recorded by AO of searched person before issuance of notice under section 158BD -
Assessee's grievance was that order of block assessment passed by AO under section 158BD was bad in law and void-ab-initio because no valid satisfaction was recorded by AO of searched person before issuance of notice under section 158BD and therefore, assessment order should be quashed by following Supreme Court in Manish Maheshwari. Held: Satisfaction recorded by AO of searched person in assessment order was a valid satisfaction note for issuing notice to assessee under section 158BD and therefore, there was no merit in ground raised by assessee and same was rejected. Judgment of Apex Court in case of Manish Maheshwari (supra), did not render any help to assessee because in that case, required satisfaction was not recorded by AO of searched person whereas in instant case, such satisfaction was duly recorded by AO of searched person in assessment order passed by AO in case of searched person under section 158BC.
Distinguished:Manish Maheshwari v. CIT (2007) 289 ITR 341 (SC) : 2007 TaxPub(DT) 1020 (SC)
REFERRED : Pr. CIT v. Instronics Ltd. (2017) 82 taxmann.com 357 (Delhi) : 2017 TaxPub(DT) 1787 (Del-HC)
FAVOUR : Against the assessee
A.Y. :
INCOME TAX ACT, 1961
Section 158BD
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