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2015 (6) TMI 292 - HC - Income TaxValidity of assessment audited under Secion 142(2A) - Held that:- Issuance of order of re-assessment under Section 142 (2A) of the Act, the Assessing Officer had issued notices to the assessee but in none of them the opinion formed by the Assessing Officer for special audit of petitioner's accounts for the assessment year 2012-13, in regard to the nature and complexity of the accounts and the interest of revenue has been disclosed. Hon'ble Supreme Court in Sahara India's case (supra) held that the Assessing Officer has to be formed opinion having regard to the nature and complexity of the accounts of the assessee and the interest of the revenue. The order impugned passed by the Assessing Officer does not disclose the consideration of aforesaid ingredients before issuing the order impugned. Therefore, we are of the view that the order impugned dated 11.03.2015 passed by the Income Tax Officer, Hardoi is not in consonance with the requirement of Section 142 (2A) of the Act and, therefore, it is not sustainable. In the result, the order dated 11.03.2015 is hereby quashed with the liberty to the Assessing Officer to pass a fresh order in terms of the provisions of Section 142(2A) of the Act.
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