1998 (4) TMI 17

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ertified auditor mentioned in the order. Learned counsel for the petitioner submits that the power to get accounts audited under section 142(2A) of the Income-tax Act cannot be invoked in cases where the accounts of the assessee are already audited by reason of the provisions of section 44AB. The submission is that by a subsequent statutory amendment, it has been considered that in all cases of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... exity of accounts whereas power under section 142(2A) can be invoked only in cases where in pending assessment proceedings, it is found that the complexity of accounts requires audit by a certified auditor. This order also requires prior approval of the Chief Commissioner or Commissioner, as the case may be. It, therefore, stipulates that the application of mind by the Commissioner in cases where .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ll have effect notwithstanding that the accounts of the assessee have been audited under any other law for the time being in force or otherwise. The argument is that the existence of the non obstante clause in section 142(2B) exempts operation of section 142(2A) in cases where there has been an audit under section 44AB. This argument is not acceptable for the reason that the non-obstante clause an .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X