Case Law Details
Chet Ram Ravi Kumar Vs DCIT (ITAT Chandigarh)
Conclusion: Reference for special audit u/s 142(A) was invalid and the assessment orders so passed in the extended time were held to be barred by limitation.
Held: Assessee contended that assessment order being time barred, having been passed in the extended time limit on account of reference made for conducting special audit u/s 142(2A), which reference was not in accordance with law. Authority questioned the jurisdiction of the ITAT to adjudicate the validity of the reference for special audit u/s 142(2A). It was held that since undisputedly the issue raised of the assessment order passed being barred by limitation on account of an invalid reference made for special audit, arose in the background of facts which were identical to that in the case of M/s Sunder Mal Satpal, it stood covered by the decision of the ITAT in the said case, following which it was concluded that the reference for special audit in the present cases, u/s 142(A) was invalid and the assessment orders so passed in the extended time were held to be barred by limitation.
FULL TEXT OF THE ORDER OF ITAT CHANDIGARH
All the above appeals have been preferred by the same assessee against separate orders of the Learned Commissioner of Income Tax (Appeals)-1, Ludhiana [(in short the ‘Ld. CIT(A)] all dated 25.03.2013 relating to assessment years 2003-04 to 2005-06 respectively, passed u/s 250(6) of the of the Income Tax Act, 1961 (hereinafter referred to as ‘Act’).
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