2002 (9) TMI 91

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....d the present writ application challenging the order dated June 28, 2002 (annexure 1 to the writ application), by which appointment of an auditor to audit its books of account for the block assessment period from April 1, 1990 to June 6, 2000, has been made. The petitioner has challenged the appointment of the auditor on the ground of non-fulfilment of the requirements as contained under sectio....

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.... case, in pursuance of the seizure, the authorities having been prima facie satisfied that a case for block assessment has been made out, issued a notice under section 158BC of the Act. Thus, as the proceeding for block assessment is pending, the respondent authority is competent to pass the aforesaid order in terms of the aforesaid provision. Section 142 of the Act deals with inquiry before as....

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....his case, the proceeding is pending under section 158BC of the Act for block assessment and as such the first requirement is satisfied. The second requirement is that while appointing the auditor, the appointing authority has to take note of the nature and complexity of the case and the interests of the Revenue. On search, the authorities, having found a prima facie case for block assessment, came....