Commissioner of Income-tax, Central III, Chennai v. J.S.Kamath
|Commissioner of Income-tax, Central III, Chennai
|HIGH COURT OF MADRAS
|Date of Order
|1996-97, 1997-98, 1998-99, 1999-00, 2000-01, 2001-02, 01/04/2002-26/11/2002
|substantial question of law • recording of satisfaction • satisfaction note • searched person
|7/Mds/2008 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench for the block assessment period from 01.4.1996 to 26.11.2002. These appeals, filed by the Revenue under Section 260A of the Income Tax Act, 1961 are directed against the common order dated 26.6.2009 made respectively in IT(SS)A.No. 30/ Mds/2008 in IT(SS)A. No.7/Mds/2008 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench for the block period 01.4.1996 to 26.11.2002. These appeals cannot be pursued by the Revenue in the light of the Board's circular in Circular No.24/2015 dated 31.12.2015. In the said circular, it has been stated that the guidelines of the Hon'ble Supreme Court in the case of M/s.Calcutta Knitwears Civil Appeal No.3958 of 2014 dated 12.3.2014 with regard to recording any satisfaction note were brought to the notice of all for strict compliance and it has been clarified that even if the Assessing Officer of the searched person and the 'other person' is one and the same, then also, he is required to record his satisfaction as has been held by the Courts. The above circular fully covers the issue raised in the case on hand and the appeals have to be dismissed. In the light of the above, the tax case appeals filed by the Revenue are dismissed and the substantial question of law framed is left open.