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2009 (6) TMI 1 - JAMMU AND KASHMIR HIGH COURTSpecial Audit under section 142(2A) – Assessee contended that the Assistant Commissioner has erred in issuing the order for conducting special audit without considering the response to the show cause notice issued to assessee, in the spirit contemplated by law, thereby violating the principles of natural justice in directing Special Audit of its accounts, contrary to the spirit of the first Proviso to Section 142 (2A) of the Act. The issuance of show cause notice by the Assistant Commissioner was a mere formality to facilitate the Special Audit of the petitioner’s accounts which was not otherwise warranted in the facts and circumstances of the case when nothing had been hidden by the Authority in its accounts and the Balance Sheets made available by the Authority to the Assistant Commissioner – since the assessee had failed to explain the complexity in the accounts pointed out by the Assessing Officer in the show cause notice – the order of the AC u/s 142(2A) justified.
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