|The Tax Publishers2020 TaxPub(DT) 4026 (Del-Trib)
INCOME TAX ACT, 1961
Extension for conduct of special audit under section 142(2A) granted by commissioner and not by AO was beyond the powers enshrined under the statute. Accordingly, assessment completed after due date was void-ab-initio.
Assessment - Validity - Extension of 80 days for completing special audit granted by CIT and not by AO -
Assessee was aggrieved by extension of 60 days for completing special audit under section 142(2A). The case of assessee was that said extension had to be granted by AO same had been granted by CIT and AO had only communicated the same.Held: Where under proviso to section 142(2C) jurisdiction was upon AO to examine the circumstances and after due application of mind pass an order granting extension for conduct of special audit under section 142(2A) and as no extension was given by AO but by the Commissioner and AO had only conveyed the approval, therefore, the grant of extension by CIT was beyond the powers enshrined under the statute. Accordingly, assessment completed after due date was void ab initio.
Followed:Soul Space Projects Ltd. ITA Nos. 193 and 1849/Del/2015 along with C.O. Nos. 271 & 274/Del/2015, relating to assessment years 2007-08 and 2008-09.
FAVOUR : In assessee's favour.
A.Y. : 2002-03 to 2008-09
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