Extract
Union Of India & Ors VS. K. Gurudasan & Ors
The Judgement Information System CASE NO.: Appeal (civil) 2783 of 2008PETITIONER: M/S SAHARA INDIA (FIRM),LUCKNOWRESPONDENT: COMMISSIONER OF INCOME TAX,CENTRAL-I & ANRDATE OF JUDGMENT: 11/04/2008BENCH: B.N. AGRAWAL & P.P. NAOLEKAR & D.K. JAINJUDGMENT: J U D G M E N TREPORTABLECIVIL APPEAL NO. 2783 OF 2008 Arising out of S.L.P. (C) No.20209 of 2006WITHCIVIL APPEAL NO. 2784 OF 2008[Arising out of S.L.P.(C) NO. 20212 OF 2006]D.K. JAIN, J.: Leave granted.2. These matters have been placed before the three-Judge Bench in view of a common order dated 14th December, 2006, passed by a two-Judge Bench of this Court. The Order reads as follows: "When the matter was taken up, learned counsel for the petitioner placed reliance on a decision of this Court in Rajesh Kr.& Ors. Vs. Deputy Commissioner of Income Tax & Ors. According to learned counsel for the petitioner, before any direction can be issued under Section 142 (2A) of the Income Tax Act, 1961 (in short 'the Act') for special audit of the accounts of the assessee, there has to be a pre-decisional hearing and an opportunity has to be granted to the assessee for the purpose. A close reading of the decision shows that the observations in this regard appear to have been made in the context of the assessments in terms of Section 158 BC (Block Assessment) of the Act. Such assessments are relatable to a case when raid has been conducted at the premises of an assessee. Had that been so, limited to the facts involved in that case, we would have negatived the contentions of learned counsel for the petitioner. But, certain observations of general nature have been made. The effect of these observations appear to be that in every case where the Assessing Officer issues a direction in terms of Section 142 (2A) of the Act, the assessee has ...
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