1 itxa3206-09 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3206 OF 2009 (ITXA (L) No.1865 OF 2007) The Commissioner of Income-Tax - II, Pune ..Appellant. Versus Shri Jayant M. Lunawat ..Respondent. Mr.Vimal Gupta for the appellant. Mr.Ajay Singh with Ms.Aarti Sathi & Ms.Manjiri Parasnis for the respondent. CORAM : J.P. Devadhar & Smt.R.S. Dalvi, JJ. DATE : 5th April, 2011. P.C. : 1. Not on board. Taken up for admission by consent of both the parties. 2. The question raised in this appeal is; Where the Officer who was in possession of the seized material failed to record his satisfaction, as mandatorily required under Section 158BD of the Income Tax Act, 1961, can it be said that the said Assessing Officer has validly assumed jurisdiction under Section 158BD of the Act ? 2 itxa3206-09 3. The issue is covered against the Revenue by the decision of the Apex court in the case of Manish Maheshwari V/s. Commissioner of Income Tax reported in (2007) 289 ITR 341 (SC). 4. In this view of the matter, the appeal is dismissed. No costs. (Smt.R.S. Dalvi, J.) (J.P. Devadhar, J.)