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2016 (7) TMI 320 - AT - Income TaxValidity of order u/s 142(2A) - special audit - whether assessment is barred by limitation which is based upon the audit report - Held that:- Despite the appellant seeking the basis on which directions for special audit is proposed to be issued, the learned CIT dispensed with that precondition and granted approval which itself vitiates the whole process of granting approval. It is thus apparent that neither the AO nor the learned CIT disclosed the basis of approval after the objection as raised by the appellant to the show cause notice u/s 142(2A) of the Act and hence the order dated 9.12.2011 is a vitiated order. In view of the above discussion and conclusion we hold that directions dated 9.12.2011 by the learned Addl. CIT, Range-18, New Delhi for special audit u/s 142(2A) of the Act were illegal, invalid and not in accordance with law and thus the assessment so made is barred by limitation and is thus quashed as such. - Decided in favour of assessee
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