The Commissioner Of Income Tax, Faridabad v. M/S Sabharwal Electronics, Faridabad

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH. I.T.A. No.581 of 2007Date of decision: 16.10.2008 The Commissioner of Income Tax, Faridabad. Vs. M/s Sabharwal Electronics, Faridabad. -----Appellant. -----Respondent CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOELHON'BLE MR JUSTICE L.N. MITTAL Present:-Mr. Yogesh Putney, Sr. Standing Counselfor the appellant. Mr. S.K. Mukhi, Advocatefor the respondent.----- ORDER: This appeal has been preferred by the revenue againstorder dated 28.3.2007 passed by the Income Tax Appellate Tribunal,Delhi Bench ‘I’, New Delhi in I.T.(SS).A. No.235/DEL/2005 for the blockassessment period from 3.6.1989 to 30.11.1997. The Department conducted search and seizure on thepremises of Shri Inderjeet Singh Sabharwal on 12.3.1999 andrecovered some documents relating to the assessee. Thereafter, blockassessment was done which was affirmed on appeal by the CIT(Appeal). The Income Tax Appellate Tribunal set-aside theassessment on the ground that no satisfaction had been recorded in terms of Section 158BD of the Income Tax Act, 1961 before proceedingfor block assessment. Learned counsel for the revenue has produced the originalrecord containing the satisfaction. It has been explained that before theTribunal a report was filed to the effect that satisfaction note was notavailable as per record. This happened as the record was not readilyavailable at that time. In view of the fact that record was not available before theTribunal earlier, which is now available, we are of the view that it will bein the interest of justice if the Tribunal looks into the records and takesa fresh decision in the matter in accordance with law. Accordingly, we set-aside the impugned order and remandthe matter to the Tribunal. Parties will appear before the Tribunal for furtherproceedings on 15.12.2008. ( ADARSH KUMAR GOEL )JUDGE October 16, 2008ashwani ( L. N. MITTAL ) JUDGE