(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) Counsel for the appellant submitted that from the beginning the contention of the assessee had been that the Assessing Officer has not recorded any satisfaction before issuing notice under section 158BD of the Income Tax Act. CIT (Appeals), did not accept the contention without recording any finding that such satisfaction was recorded. The Tribunal in the impugned order observed that since the assessee has alleged that no satisfaction was recorded before issuance of notice under section 158BD of the Act, onus was on the assessee to file evidence in support of the same and since no such evidence was filed the said ground was rejected.
Issue notice of final disposal returnable on 6th February 2012.
(Akil Kureshi J.) (Ms.Sonia Gokani, J.) (vjn) Top