2020 (11) TMI 488

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.... (for short 'IT Act'), communicated vide letter F.No.ITO- 2(4)/BPL/142 (2A)/MPAKVNL Bhopal/AY 17-18 dated 31.12.2019, has filed this writ petition seeking its quashment on the ground that the petitioner was not given an effective opportunity of hearing. 2. Evident, it is from impugned communication that scrutiny assessment proceedings under Section 143 of the Income Tax Act is pending against the petitioner. It is further borne out from record that notice under Section 143(2) of the IT Act was issued on 16.08.2018 for the following reasons : "a. Low receipt from house property in ITR as compared to rental receipts in 26AS. b. Low income in comparison to high loans/advances/investment in shares appearing in balance sheet....

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....r/Madam/M/s. Subject: Pending Scrutiny, Assessment proceedings- Calling for explanation & providing opportunity for the A.Y.2017-18 reg. Kindly refer to this office notice u/s 143(2) dated 16.08.2018, notice under Section 142(1) dated 15.11.2019, notice u/s 142(1) dated 20.12.2019 (final opportunity) and your reply in compliance to the above notices. Vide your reply dated 23.12.2019, it is submitted that the tax audit filed by the company for the year 2016-17, has the lower effect on the profit of the company by Rs. 12,79,90,420/- is due to change in accounting policy in the relevant year. According to the audit report in Form 3CD for the AY 2017-18 the auditor has mentioned that "the accounts are prepare....

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....ny private planning made by any assessee cannot over rule the provisions of Income Tax Act, 1961. Hence looking to the volume of the accounts, doubts about the correctness of the accounts, multiplicity of transactions in the accounts and also specialized nature of your business activity and keeping in mind the interest of revenue, it is imperative to cause the special audit in this case. In view of the above and keeping in view of CBDT's instruction no.1078 regarding referring cases for special audit, you are requested to please explain as to why the case shall not be referred for special audit u/s 142(2A) of the Income Tax Act, 1961. The case for compliance fixed on 30.12.2019 at 10:30 AM. The compliance may plea....

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.... hearing under Section 142 (2A) of the IT Act, it has been observed : "61. The hearing given, however, need not be elaborate. The notice issued may only contain briefly the issues which the assessing officer thinks to be necessary. The reasons assigned therefor need not be detailed ones. But, that would not mean that the principles of justice are not required to be complied with. Only because certain consequences would ensue if the principles of natural justice are required to be complied with, the same by itself would not mean that the court would not insist on complying with the fundamental principles of law. If the principles of natural justice are to be excluded, the Parliament could have said so expressly. The hearing given is....