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2018 (1) TMI 1643 - DELHI HIGH COURTSpecial audit u/s 142 (2A) - petitioner has fairly stated that they would not be objecting the special audit, but are concerned about the terms of reference - HELD THAT:- We take the statement made by the counsel for the petitioner and the respondents on record and hope and trust that the Special Auditor would abide by the provisions of Section 142(2A) as explained and elucidated by several judgements of the Supreme Court and the Delhi High Court. During the course of hearing, an issue had arisen with reference to verification of purchase of shares of amalgamating company and premium paid by the shareholders - petitioner has expressed apprehension that the Special Auditor may re-open old and settled issues which are not subject matter of the current assessment years - respondents on instructions states that the Special Auditor would be dealing with the audit and accounts confined to the assessment years in question or earlier years as permissible under law, i.e., the Income Tax Act and Rules. We clarify that the special audit would be in accordance with the terms of reference, which are mentioned in the affidavit filed by the respondents on 16th September, 2017. Special Auditor will keep in mind the order passed today and on earlier dates. In terms of the statement made by the counsel for the parties, the writ petition is disposed of with the aforesaid observations.
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