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2012 (2) TMI 53 - ITAT MUMBAIPeriod of limitation - special audit u/s 142(2A) – assessment completed u/s 153A based on search and then special audit - extension of time availed - assessee contending that AO had no justification for ordering special audit u/s 142(2A) and therefore, AO was not entitled to extended period – Held that:- In the present case, no complexity of accounts was involved. It was a simple case of estimation of income based on documents and statements furnished by assessee. AO had also made adhoc disallowance of various items of expenses and had not even considered the accounts before special audit had been ordered with the intention of getting extended period. Further, facts in this order are identical with decision of the Tribunal in A.Y. 1998-99 to 2003-04 and 2004-05, in assessee’s own case, therefore, we hold that AO was not entitled for extra period for completing assessment and assessment order passed on 29/9/2006 was barred by limitation. – Decided in favor of assessee.
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