9911796707
TMI Blog1998 (4) TMI 541X X X X Extracts X X X X X X X X Extracts X X X X ..... By this petition, the petitioner seeks to lay a challenge to the initiation of special audit contemplated by sub-section (2A) of section 142 of the Income-tax Act, 1961 ('the Act'). 3. The petitioner had sought for supply of reasons for initiation of audit, as recorded by the respondents, which was not done. The petitioner seeks a direction to the respondents to make the reasons available and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Explanation below sub-section (2) of section 288, nominated by the Chief Commissioner or Commissioner in this behalf and to furnish a report of such audit in the prescribed form duly signed and verified by such accountant and setting forth such particulars as may be prescribed and such other particulars as the Assessing Officer may require." A bare reading of the provision shows that all th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n sit in appeal over the formation of the opinion by the Assessing Officer. 6. The learned counsel for the petitioner has cited in case of C.B. Gautam v. Union of India [1993] 199 ITR 530 (SC) and a Division Bench decision of the Allahabad High Court in Swadeshi Cotton Mills Co. Ltd. v. CIT [1988] 171 ITR 634 in support of his submission. 7. C.B. Gautam's case (supra) was under Chapter XXC of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he opinion have to be recorded and made available to the assessee on being demanded. 8. The present one is also a case of search and seizure. No fault can be found with the impugned action of the respondents if they have thought it fit to initiate special audit of the accounts of the assessee if the same was required on account of the nature and complexity of the accounts of the assessee and inte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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