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TMI Blog2009 (6) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... the case when nothing had been hidden by the Authority in its accounts and the Balance Sheets made available by the Authority to the Assistant Commissioner – since the assessee had failed to explain the complexity in the accounts pointed out by the Assessing Officer in the show cause notice – the order of the AC u/s 142(2A) justified. - 172 of 2009 - - - Dated:- 5-6-2009 - JUSTICE J.P.SINGH, JUDGE Mr. Adarsh Sharma, Advocate, for the appellant. Mr. D. S. Thakur, Advocate, for the respondent. JUDGMENT Exercising power under Section 142 (2A) of the Income Tax Act, 1961, hereinafter to be referred as the 'Act', the Assistant Commissioner of Income Tax, Circle-1, Jammu, vide his order No. ACIT/Cir-1/JMU/590 dated 26-12-2008, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioner-Authority along with the return of Income Tax, including the Tax Audit Report, had been found incomplete and unreliable by the Assistant Commissioner of Income Tax which, according to him, had disabled determination of the correct taxable income/loss of the Jammu Development Authority for the accounting year 2006- 2007. The Authority had been further informed, by the show cause notice aforementioned, that it had failed to justify as to how had it shown Bahu Plaza Shopping Complex in the Schedule of its Fixed Assets whereas premium was shown to have been received for it from different persons to whom it had been leased out as per the lease Agreements executed with the Authority. It was, inter alia, on the basis of the aforement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een hidden by the Authority in its accounts and the Balance Sheets made available by the Authority to the Assistant Commissioner, says the Petitioner-Authority's learned counsel. According to the Petitioner-Authority, respondent no.3 had issued the impugned order showing extra ordinary hurry to proceed under section 142 (2A) of the Income Tax Act and the Commissioner of Income Tax, too, had approved respondent no. 3's action proceeding in a mechanical fashion. Petitioner's learned counsel Mr. Adarsh Sharma, reiterating the petitioner's pleas in the writ petition, referred to, Sahara India Vs Commissioner of Income Tax and another , reported as 2008 (216) CTR (SC 303) to urge that respondent no.3 had acted illegally in passing the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reveals that the Petitioner-Authority had not furnished requisite reply to the queries raised in the show cause notice. Whereas paragraph No. 2.2 of the show cause notice has not at all been adverted to by the Petitioner-Authority in its response to the show cause notice, the Authority's response, to other paragraphs of the show cause notice, too, appears to be evasive, not dealing with the issues raised in the notice. The decision of Assistant Commissioner to direct Special Audit, has been considered, in detail, by the Commissioner of Income Tax before coming to the conclusion that the petitioner Assessee had failed to explain the complexity in the accounts pointed out by the Assessing Officer in the show cause notice. It has further b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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