Case Law Details
Issue involved:- Whether the Income Tax Settlement Commission is empowered in law to direct a special audit under section 142(2A), in exercise of the power vested under Section 245F of the Income Tax Act, 1961?
Importance: This is a nascent issue tested for the first time by any High Court in India with far reaching effects as regards the power to direct a special audit. It had been the stand of the Department that special audit u/s 142(2A) can be ordered by an Authority, other than the Assessing Officer. Negating the said contention, the Hon’ble Court adjudicated thereon vide present judgment dated 06.01.2016.
Decided on 06.01.2016 – by Court No. 2 of Hon’ble Delhi High Court comprising of Hon’ble DR. Justice Badar Durrez Ahmed & Hon’ble Mr. Justice V. Kameshwar Rao.
Mr. M. S. Syali, Sr. Advocate along with Ms. Husnal Syali, Mayank Nagi Advocates successfully represented the Assessee / Petitioner. The Revenue / Respondent was represented by Ms. Suruchi Aggarwal, Senior Standing Counsel.
Outcome:- Allowing the Writ Petition filed by the Petitioner, the Hon’ble DHC held that:-
Please become a Premium member. If you are already a Premium member, login here to access the full content.
