Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (3) TMI 1314 - ITAT PUNEReference made u/s 142(2A) - special audit - non-granting of pre-decisional hearing on pre- decisional stage to the assessee before making reference u/s 142(2A) - Held that:- We find that the issue raised in the present appeal is squarely covered by the ratio laid down by the Tribunal in the case of ITO Vs. Vilsons Particle Board Industries Ltd. (2017 (1) TMI 263 - ITAT PUNE ) and in the absence of any opportunity given to the assessee to show cause as to why special audit under section 142(2A) of the Act should not be carried out in the case of assessee i.e. at the pre-decisional stage, by the Assessing Officer, the special audit conducted in the case is without jurisdiction and consequently, the assessment order passed is beyond the stipulated date, because time taken for special audit, is invalid. Since assessment order is passed beyond period of limitation and hence, is invalid and bad in law. Accordingly, we hold so - Decided in favour of assessee
|