...offence charged and this reasonable belief contemplated in turn points to existence of such facts and circumstances as are sufficient in themselves to justify recording of satisfaction that the accused is...satisfied. They are; the satisfaction of the court that there are reasonable grounds for believing that the accused is not guilty and that he is not likely to commit any offence while on bail. Both the...reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds. But the court has not to consider the matter as if it is pronouncing a...

... recording of satisfaction and, therefore, six years which could be assessed under Section 153C of the Act were the preceding previous years...to the date of the search and not from the date of recording of the satisfaction note. 5.12 The CIT after considering the submissions of the Assessee and the reply ...considered opinion recording of satisfaction so as to show existence of undisclosed income is not a prerequisite under the provision of sec 153C which are distinguishable from the provisions of se...

...that before initiating penalty proceeding under the aforesaid Section satisfaction of the Assessing Officer ought to have been recorded and recording satisfaction is a pre-condition to initiate such...order of penalty is bad in law as the AO had no jurisdiction to pass such order without recording his satisfaction. In support of his aforesaid legal submission he drawn our attention to the decision...submits that the recording of satisfaction for drawing up the proceedings under Section 27(1C) is not required to be recorded formally. If in substance satisfaction is to be found obviously the...

...the word recording satisfaction is not a pre-condition for the object of the aforesaid Section. In any event, from a reading of the order passed by the Assessing Officer to initiate action, if it...proceeding u/s. 153C of the I.T.Act. The aforesaid Section mandates recording of satisfaction of the Assessing Officer(s) is a pre-condition for invoking jurisdiction and it is not a mer...formality because recording of satisfaction postulates application of mind consciously as the documents seized must be belonging to the any other person other than the person referred to in Section 153...

...to issue penalty notice would not amount to recording of the satisfaction.2.2 In reply, the learned Departmental Representative pointed out that the statute does not distinguish...., 2001, failing which the levy will become barred by limitation.2.4 Coming to the issue of recording of satisfaction, it may be mentioned that mere initiation of penalty does not...Ltd [2001] 167 CTR (Del) 321 : [2000] 246 ITR 568 (Del). In absence of recording of the satisfaction in the assessment order, mere...

...of the satisfaction of the authority initiating the proceedings regarding concealment of income or furnishing of inaccurate particulars thereof. Alternatively, it was submitted that in the absence ...inaccurate particulars of such income. In other words, satisfaction referred to in section 271 must precede issue of the notice.(iv) Recording of satisfaction by the authority concer...requirements of recording of satisfaction can be deemed to have been satisfied in cases where the authority initiating the proceedings has in the course of the order made by it recorded findings which...

...) only on the ground of non-recording of satisfaction by the Assessing Officer in the order of assessment.5. In our opinion, there is no merit in the argument of learned counsel. A ...jurisdiction to impose penalty flows from recording of the satisfaction and in case there is a jurisdictional defect in the assumption of jurisdiction, it cannot be cured. With the aforesaid legal quoting, we...recording of legal and valid satisfaction cannot be assumed.”6. The Tribunal then referred to the order of assessment passed by the Assessing Officer and observed:“It is...

...(vide Union Of India v. Shiv Shanker Kesari . (2007) 7 SCC 798). Thus, recording of satisfaction on both the aspects, noted above, is sine...has ordered that the respondent shall be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned. The...Act.6. According to the learned counsel, the grant of bail to the respondent, without recording any finding on the conditions as stipulated in Section 37(1)(b)(ii) of the...

...detaining authority before passing the order, recording of satisfaction by the detaining Authority is a condition precedent for issuing the detention order which is not available in the case of the...IV, Section 8 of the Public Safety Act is attached herewith for perusal of the Hon'ble court as Annexure "B". (b) That no satisfaction has been recorded by the...son of the petitioner. The bare perusal of the grounds of detention as well as the order no where states that the detaining authority i.e. the respondent No. 2 has recorded its satisfaction before...

...residence of Jeevan Kumar Agrawal, which belonged to the respondent-assessee herein. Accordingly, a notice under section 153C dated September 27, 2008, was issued, after recording of the requisite satisfaction call...was there any necessity of recording a prior satisfaction before proceeding to assess the “other person”. The satisfaction subsequently recorded in the assessment order in respect of the “other person...section 148 of the Act where recording of reasons in writing are a sine qua non. Under section 158BD the existence of cogent and demonstrative material is germane to the Assessing Officers' satisfaction in...

...the improper recording of satisfaction by the AO to contend that the search action and the consequential assessment be annulled. This was strongly countered by the ld. DR.5. We have...153C read with section 153A of the Act. In order to appreciate the contention made by the ld. AR on the question of recording of proper satisfaction, it would be apposite to note down the prescription...the recording of satisfaction by the AO of the person searched is a condition precedent for the AO of the 'other person' to acquire jurisdiction. Unless such jurisdictional condition is satisfied...

.... Firstly it was contended that the issue of a notice proposing to initiate penalty proceedings against the assessed was in itself indicative of the satisfaction of the authority initiating the proceedings regardin.... In other words, satisfaction referred in section 271 must precede issue of the notice. (iv) Recording of satisfaction by the authority concerned is a jurisdictional fact. If no...decision rendered by this Court, has this court examined whether the requirements of recording of satisfaction can be deemed to have been satisfied in cases where the authority initiating the proceedings...

...absence of requirement of recording of satisfaction in the order of assessment itself, jurisdiction to levy penalty could not be invoked. Observations of the Tribunal are as follows:-...have heard learned counsel for the appellant.4. Learned counsel for the appellant submits that recording of satisfaction was a matter of substance and not mere of form and if...satisfaction was reflected in the order, format of recording of satisfaction was not enough to invalidate the action. Reference was also made to statutory amendment clarifying this position under explanati...

...the appeal of the Revenue and observed that recording of satisfaction by the assessing officer as contemplated under Section 158-BD was on a date subsequent to the framing of assessment under Section...may belong to any other person other than the searched person under Sections 132 or 132-A of the Act, after recording such satisfaction, may transmit the records/documents/chits/papers, etc. to the...the Act where recording of reasons in writing are a sine qua non. Under Section 158-BD the existence of cogent and demonstrative material is germane to the assessing officers' satisfaction in...

...words, detection of undisclosed income was a sine qua non for invocation of those sections. But Section 153C of the Act mandates recording of satisfaction only to the extent of any money,...other valuable articles or books of accounts or documents seized, which belong to the person other than the person who is searched. Therefore, what is required is recording of satisfaction regarding...Assessing Officer, on recording satisfaction, can also assess and re-assess the income of any other person. Thus, what emerges is that the sine qua non for the purpose of assessment or re-assessment...

...SCC 798] Thus, recording of satisfaction on both the aspects, noted above, is sine qua non for granting of bail under the NDPS Act. 14. We may, however, hasten to...existence of such facts and circumstances as are sufficient in themselves to justify recording of satisfaction that the accused is not guilty of the offence charged." (iv..., prima facie satisfaction of the Court in support of the charge, 8reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum ...

...Jurisdictional High Court has clearly stated that recording of the satisfaction note by the Assessing Officer of the person searched is a pre-condition for assuming jurisdiction u/s 153C by the Revenue...Assessing Officer of the person searched. The CBDT, vide Circular No. 24/2015 dated 31st December, 2015, held as under:—“Subject: Recording of satisfaction note under section 158BD/153C...of the Act-reg.—The issue of recording of satisfaction for the purposes of section 158BD/153C has been subject matter of litigation.2. The Hon'ble Supreme ...

...Appellant submit that recording of satisfaction by the Assessing Officer of searched person is a prerequisite for issuance of notice u/s 153C of the Act and failing of which renders the p...dated 31/12/2015, wherein recording of satisfaction note u/s. 158BD/153 C of the Act was held to be mandatory. It was further stated in the circular that in case it is found that no satisfaction note...annulled, accordingly order passed by the AO u/s. 143(3) r.w.s. 153C is illegal, bad in law and without jurisdiction. As per learned AR recording of satisfaction by the Assessing Officer of searched...

.... DR for the Revenue.3. On perusal of the records in connection with the legal issue for recording of satisfaction, we find the appeal is required to be allowed in favour of the assessee...without going into the merits of the levy of penalty u/s 271(1)(c) of the Act. In this regard, we perused the assessment order as well as penalty order. We find the issue relating to the recording of ...satisfaction in the assessment order. This manner of giving satisfaction certainly falls sought of the legal requirement. Such recording happens only when there is an ambiguity in the mind of the ...