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2018 (1) TMI 1643

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..... spondents on record and hope and trust that the Special Auditor would abide by the provisions of Section 142(2A) as explained and elucidated by several judgements of the Supreme Court and the Delhi High Court. During the course of hearing, an issue had arisen with reference to verification of purchase of shares of amalgamating company and premium paid by the shareholders - petitioner has expres .....

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..... Dated:- 4-1-2018 - HON'BLE MR. JUSTICE SANJIV KHANNA AND HON'BLE MR. JUSTICE CHANDER SHEKHAR For the Appellant : Mr. Balbir Singh, Sr. Advocate with Mr. Sachit Jolly, Mr. Rohit Garg, Ms. Rubal Maini and Mr. Anirudh Bakhru, Advocates. For the Respondent : Mr. Sanjay Jain, ASG with Mr. Zoheb Hossain, Sr. Standing Counsel for the Revenue Ms. Rajul Jain, Advocate. ORDER .....

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..... rned Additional Solicitor General, who appears for the respondents, states that the special auditor would confine himself to the scope under Section 142 (2A) of the Act and the audit report would be considered and examined by the Assessing Officer while passing the assessment order. The Assessing Officer will examine the legal position and accordingly decide and adjudicate in accordance with law. .....

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..... ed to the assessment years in question or earlier years as permissible under law, i.e., the Income Tax Act and Rules. 6. We clarify that the special audit would be in accordance with the terms of reference, which are mentioned in the affidavit filed by the respondents on 16th September, 2017. Special Auditor will keep in mind the order passed today and on earlier dates. 7. In terms of the st .....

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