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Issues involved: Challenge to initiation of special audit u/s 142(2A) of the Income-tax Act, 1961.
Summary: The petitioner sought to challenge the initiation of a special audit under section 142(2A) of the Income-tax Act, 1961, by requesting the reasons for the audit, which were not provided. The petitioner argued that the Assessing Officer must be satisfied with the complexity of the accounts and the interest of the revenue to initiate a special audit. The provision does not require the recording of reasons, but the previous approval of a high-ranking authority is necessary. The court noted that there was no allegation of mala fide and declined to interfere with the Assessing Officer's opinion. The petitioner cited precedents to support the argument, but the court found them not directly applicable to the present case. The court emphasized that the requirement of recording reasons is specific to certain provisions, which is not the case with section 142(2A). The court also highlighted that the intervention of a high-ranking authority acts as a safeguard against arbitrary exercise of power by the Assessing Officer. In conclusion, the court dismissed the petition, stating that if the special audit was initiated due to the nature and complexity of the accounts and the interest of the revenue, no fault could be found with the action of the respondents. The court found no grounds to entertain the petition and ruled in favor of the revenue.
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