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Section 142(2A)

(Querist) 25 May 2010 This query is : Resolved 
Hi friends,
Pls let me know if there is any judgement in case of stay petition filed in the court against the direction of the A.O. for conducting special audit u/s 142(2A) and hearing fixed on the petition after 6 months, how the period of limitation of 180 days for furnishing audit report will be computed in such situation. The assessee has not initiated to get his accounts audited as he has preferred the said petition to challenge the special audit direction by the A.O.

Regards,
Jagmohan Rawat
Vineet (Expert) 26 May 2010
If no interim stay has been granted on application, the period of limtation commences from the date on which direction u/s 142(2A) has been issued.

Please refer to Jagjit Sagar (210 ITR 468) and Dhaliwal Sales (221 ITR 240).
soumitra basu (Expert) 31 May 2010
I think it is a fit case to challenge the same before the appellate authorities.
Jagmohan Rawat (Querist) 31 May 2010
Thanks


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