TMI Blog2018 (10) TMI 1185X X X X Extracts X X X X X X X X Extracts X X X X ..... e was no opportunity given to the petitioner or that there was contravention of principle of natural justice while appointing the special auditor and on that count so far as the appointment of special auditor is concerned, is rejected. Reopening of assessment u/s 148 - validity of “reason to believe”- ‘pakki rokad bahi’ foundin survey by the special auditor - Held that:- Objections were submitted by the petitioner before the concerned Assessing Authority who has noted that said objections as have been argued before this Court and has reached to the conclusion that the reasons which have been assigned for reopening the assessment, are based on factual aspects which can be objected to or rebutted at the time of assessment. It has also bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in course of audit conducted by him. We hope the audit and your exercise shall give justice in assessing the income of the assessee. 3. Thus, no objection against the appointment of special auditor has been made by the assessee-petitioner. Taking note of the reply filed by the petitioner, decision was taken by the Assistant Commissioner on 22.12.2017 appointing special auditor under Section 142 (2A). After having satisfied himself that considering the nature in complexity of accounts multiply all transactions in the accounts of the assessee and in the interest of revenue, special auditor was required to be appointed. 4. Thus, the argument of the petitioner s counsel cannot be accepted that there was no opportunity given to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has been issued under Section 148. The submission of the learned counsel for the petitioner is that such an approach was unjustified. The special auditor had been appointed for the year 2011-2012 alone and therefore, any report prepared by it, could not be made as sole basis for initiating proceedings under Section 148 for the year 2010-2011. 6. Objections were submitted by the petitioner before the concerned Assessing Authority who has noted that said objections as have been argued before this Court and has reached to the conclusion that the reasons which have been assigned for reopening the assessment, are based on factual aspects which can be objected to or rebutted at the time of assessment. It has also been noted that as special ..... X X X X Extracts X X X X X X X X Extracts X X X X
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