The assessment was completed under section 143(3) of the Act. On basis of audit report submitted by PWC, reassessment proceedings were initiated. A notice under section 142(2A) was issued directing assessee to get its accounts audited by a Chartered Accountant. The assessee filed the writ petition challenging the direction. Allowing the petition the Court held that since reassessment proceedings had already been initiated against assessee and, moreover, audit report submitted by PWC was also on record, no useful purpose would be served by getting accounts of assessee audited again. Notice was quashed. SLP of Revenue is dismissed. (AY. 2010-11)
Dy. CIT v. Multi Commodity Exchange of India Ltd. (2023) 456 ITR 772 / 295 Taxman 318 (SC) Editorial: Multi Commodity Exchange of India Ltd v. Dy.CIT (2018) 100 taxmann.com 180/ 12 ITR-OL 658 / 171 DTR 289/ (2019) 306 CTR 245 (Bom)(HC)
S. 142(2A) : Inquiry before assessment-Special audit-Reassessment notice issued on the basis of Audit report-Once again notice to Special audit-Notice is quashed by High Court-SLP of Revenue is dismissed. [S. 44AB, 143(3), 148 Art. 136]