Ita/103/2009 Of Commissioner Of Income Tax v. Smt.mansi Moolchandani

Shri Sanjay Lal, learned counsel for the appellant. Shri A.P.Shrivastava, learned counsel for the respondent. They are heard on I.A.No.10078/2014, an application for condoning the delay in filing of this appeal under Section 260-A of the Income Tax Act. Keeping in view the reasons indicated in the application, the same is allowed. The only question that is canvassed in this appeal by the revenue under Section 260-A is as to whether before issuing notice under section 158-BD satisfaction is to be recorded and whether issuance of the notice without recording of satisfaction is justified or not ? This question with regard to recording of satisfaction while issuing notice under Section 153-C has been considered and while holding that recording of satisfaction in a proceeding under Section 153 if is absolutely necessary, a finding has also been recorded that the provisions of Section 153-C are para material with Section 158-BD. In view of the aforesaid and looking to the order passed in appeals filed by the revenue under Section 260-A by a co-ORDINATE Bench of this court on 10[th] July, 2015 in I.T.A.Nos. 44, 45, 48, 50, 53, 54 and 57 of 2011, we hold that recording of satisfaction before issuing notice under Section 153-BD was absolutely necessary and this having not been done, the interference in the matter is not called for. Appeal stands dismissed, accordingly. (RAJENDRA MENON) JUDGE (SUSHIL KUMAR GUPTA) JUDGE hsp