IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.4204 of 2003 (O&M) Date of decision: 5.2.2010 Punjab Urban Development Authority (PUDA). -----Petitioner. Vs. Commissioner of Income Tax-I & another. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Rajesh Garg, Advocate for the petitioner. Ms. Urvashi Dhugga, Standing Counsel for the revenue. --- ORDER: 1. This petition seeks quashing of order dated 8.10.2002, Annexure P-3, whereby special audit of accounts of the petitioner/assessee has been ordered under Section 142(2A) of the Income Tax Act, 1961 (for short, “the Act”). 2. The assessee is a statutory body and filed its return claiming exemption under Section 10(20A) of the Act. The Assessing Officer passed the impugned order on the ground that accounts being complex, special audit was required. 3. Contention raised on behalf of the petitioner is that no hearing was given to it before the impugned order was passed CWP No.4204 of 2003 which was necessary. Condition precedent for passing order under Section 142(2A) of the Act does not exist inasmuch as the accounts are not complex. Opinion of the Assessing officer is not based on objective data as required. Other requirements for exercise of the power have not been complied with. Reliance has been placed on judgment of the Hon’ble Supreme Court in Sahara India (Firm) v. Commissioner of Income Tax and another [2008] 300 ITR 403. 4. Learned counsel for the revenue fairly states that since judgment of the Hon’ble Supreme Court has been delivered after filing of this petition, the revenue has no objection to a fresh order being passed in accordance with law. 5. In view of above statement, this petition is disposed of. A fresh order may be passed in accordance with law, if warranted, within three months from the date of receipt of a copy of this order. 6. The petition is disposed of. (ADARSH KUMAR GOEL) JUDGE February 05, 2010 ( ALOK SINGH ) ashwani JUDGE 2