eyes of the law being based on 'borrowed satisfaction' without
application of mind by the Assessing Officer (AO) recording alleged 'satisfaction ... said that the Assessing Officer was
reopening the assessments on borrowed satisfaction in these group of cases. It
was submitted that reasonable grounds existed
that
there is no tangible material and it is merely a borrowed satisfaction and hence reopening
ITA No.2144 ... reason to
believe", relying instead on "Borrowed Satisfaction" of the ADIT(lnv), Kolkata, whence
the information flowed (refer pages
that the income has escaped
assessment then, it would amount to borrowed
satisfaction and it has to be presumed that there is
no independent application ... assessment without
having any valid satisfaction on the basis of
borrowed satisfaction as there was no
independent application of mind to the tangible
material received
conclusion in
the investigation report. Indeed it is a 'borrowed satisfaction'.
The reasons fail to demonstrate the link between the tangible material ... Assessing Office on his own satisfaction and not on borrowed
satisfaction.
15. Therefore, in the above facts, the view taken by the impugned order
that income has escaped assessment and thus he has acted upon borrowed
satisfaction, therefore the consequent reassessment made is invalid, illegal and abinitio
void, which ... DGIT(Inv.), New
Delhi without application of mind being constitutes borrowed satisfaction.
Since, this is a legal issue which goes to the root
Rubber Stamp" reasons
in present case are based on borrowed satisfaction
and are without independent application of mind."
3.1. Ld. Counsel ... without
appreciating that the reasons in this case are based on borrowed
satisfaction and without independent application of mind. Lastly, he
submitted that exactly similar
arguments is a)
firstly reasons recorded are based on borrowed satisfaction without
independent application of mind; b) secondly reasons are based on
wrong and incorrect ... narrated letter of ITO Ward 11(3) New Delhi like a
borrowed satisfaction. Phrases like "on going through the list of
accommodation entries provider
issued on 30.03.2013, is on
the basis of a borrowed satisfaction;
(ii) that no notice u/s. 143(2) stands, in any case, issued ... would not fall to be considered as a case of borrowed
satisfaction. Qua the second plea, Sh. Mahajan would rely on the decision in
Meenakshi
only by reproducing report of the Investigation Wing. It was
a borrowed satisfaction only. It was submitted that no
notice have been served upon ... Wing and did not apply his mind. Therefore, it is a borrowed
satisfaction only. The assessee has not received any amount
from
Chandra 82 ITR 367 (SC)
4. Re-assessment is based on borrowed satisfaction :-
That on the facts and in the circumstances of the case ... further AO not recorded his
satisfaction and reassessment is based on borrowed satisfaction which was not
sufficient to confer power on the AO to initiate
