Dismissing the appeal of the Revenue the Court held that in view of decision in case of Pr. CIT v. Soul Space Projects Ltd. [2023] 157 taxmann.com 272 (Delhi), discretionary power vested in Assessing Officer to grant extension of time under proviso to section 142(2C) for submitting audit report under section 142(2A) (which was non-delegable) cannot be exercised by Commissioner. (AY. 2004-05 to 2008-09)
PCIT v. B.L. Kashyap and Sons Ltd. (2024) 297 Taxman 13 (Delhi)(HC)
S. 142(2A) : Inquiry before assessment-Special audit-Extension of time-Cannot be exercised by the Commissioner-Order of Tribunal is affirmed.[S.142(2A)(C), 260A]