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TMI Blog2018 (2) TMI 1650X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner assessee for the said assessment year. 2. The writ petitioner has contended before this Court through Mr. Anirudha R.J. Nayak, that the respondent Authority did not comply with the principles of natural justice in the present case and without considering the objections raised by the petitioner against such Special Audit under Section 142(2A) of the Act, vide Annexure-G dated 19.12.2017, which was submitted through an e-mail at 6.25 p.m. on 19.12.2017, the impugned order Annexure-H dated 28.12.2017, without mentioning any time thereon was sent to the petitioner communicating the reasons for directing the Special Audit of Books of Accounts of the petitioner assessee for the Assessment Year 2015 - 2016. 3. The learned counsel for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tention is invited to the hearing session on 7/12/2017 wherein, the Managing Director Mr.Deepak Lulla attended. In response to revenue recognised of Rs. 2,15,60,000/- under percentage completion method, he stated it was actually closing stock and that the same was wrongly considered as revenue. Regarding the Indiranagar Project, it was seen that no agreements were entered (sic.) into, but only a sale deed was available and an amount of Rs. 2,91,000 was shown as revenue under percentage completion method with no basis. 4. In the Safari Quest project, prima facie, the JDA was entered into only on 14/5/2015 (FY 2015-16) relevant to AY 2016-17, however an amount of Rs. 60,00,000 has been shown as revenue. Advances have been received but no ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me of the accounts, doubts about the correctness of the accounts, multiplicity of transactions in the accounts or specialized nature of business activity of the assesssee, and the interests of the revenue, is of the opinion that it is necessary so to do, he may, with the previous approval of the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, direct the assessee to get the accounts audited by an accountant, as defined in the Explanation below sub-section (2) of section 288, nominated by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner in this behalf and to furnish a report of such audit in the prescribed form duly signed and verified by such accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no reasons assigned and objections of the petitioner assessee were not considered, perhaps, the breach of principles of natural justice, as require d under Section 142(2A) of the Act and Proviso thereto could be so contended by the assessee, but from the record, it does not appear to be either absence of an opportunity of hearing altogether or the absence of any reasons at all. 8. Thus, this Court cannot draw any inference of breach of principles of natural justice or arbitrariness in the impugned order passed by the respondent Authority. Accordingly, the requirement of Section 142(2A) of the said Act cannot be said to have been not complied by the respondent Authority. The same requires no interference under Article 226 of the Constitutio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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