9911796707
TMI Blog2000 (1) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... er 4, 1996, by the Assistant Commissioner of Income-tax to the assessee communicating the observation of the Commissioner, i.e., "I agree with the view of the Deputy Commissioner that special audit under section 142(2A) be done". Counter and rejoinder affidavits have been exchanged and we have heard Sri R. S. Agarwal, learned counsel for the petitioner, and Sri A. N. Mahajan, learned counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income-tax Act, 1961, be reconsidered. In pursuance of this court's order dated August 8, 1996, the Assessing Officer reconsidered the matter and through a letter dated October 8, 1996, he sought the approval of the Commissioner to withdraw the order of audit because he was of the opinion that since the statutory auditors have completed the audit, the order under section 142(2A) can be withdrawn. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the closing balances of the assessment year 1982-83 cannot be reconciled with the opening balance of the assessment year 1983-84. Keeping in view, the entire facts and circumstances of the case, I am of the opinion that an audit under section 142(2A) should be conducted. Submitted for kind consideration of the Commissioner of Income-tax, Kanpur." It is on the consideration of the aforesaid n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he purpose. Further, in terms of section 142(2D) the expenses of the audit have to be borne by the assessee. Therefore, the audit is likely to place substantial financial burden on the assessee. The Deputy Commissioner has merely referred to a letter of Sri Pradeep Seth, Chartered Accountant. The date of that letter has not been mentioned and it has also not been mentioned that the statutory audit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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