TMI Blog2004 (9) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... oner argued that there was no justification for having the accounts of the assessee audited by a special auditor when the Assessing Officer had not examined the accounts. He relied upon the cases namely: (i) Swadeshi Cotton Mills Co. Ltd. v. CIT [1988] 171 ITR 634 (All); (ii) Bata India Ltd. v. CIT [2002] 257 ITR 622 (Cal); (iii) Deputy CIT v. Muthoottu Mini Kuries [2004] 266 ITR 213 (Ker) and (iv) U. P. State Handloom Corporation Ltd. v. CIT [2000] 245 ITR 192 (All) and submitted (1) that no attempt was made by the Assessing Officer in examining the accounts and had it been done, the accounts would not have been found complex, (2) that the special audit places financial burden on the assessee as the expenses are required to be borne by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the one hand, the assessee by the communication dated July 12, 2004, sought extension of time for submitting the report and, on the other hand, after the time was extended approached this court by way of writ petition and on this ground alone the writ petition deserves to be dismissed. Learned senior counsel relied upon the judgments namely: (a) Jhunjhunwala Vanaspati Ltd. v. Asst. CIT (No. 1) [2004] 266 ITR 657 (All); (b) Living Media Ltd. v. CIT [2002] 255 ITR 268 (SC) and (c) Uttaranchal Welfare Society v. CIT [2004] 268 ITR 214 (All). We considered the rival submissions. In our considered view, the writ petition does not deserve to be admitted in the light of the conduct of the assessee. As already noticed above, by the communication ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny for the assessment year 2001-02. M/s. Agarwal and Chhajed wanted to commence the audit at Vapi on July 12, 2004, however presently our factory staff are engaged in preparation of quarterly, June 30, 2004, profit and loss account and the balance-sheet which will be subject to limited review by the statutory auditors. In addition to this, quarterly internal audit is also in progress at Vapi factory. The preparation for the board meeting to be held on or around July 27, 2004 is also in progress. The above work is expected to be over by July 24, 2004. We will be able to schedule the visit of special auditors at Vapi factory only after July 24, 2004. The auditors may take about two weeks time and the final audit report may take about 8-10 d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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