K. J. SENGUTPA, J.

( 1 ) BY the instant writ application the petitioner has basically challenged an order dated 13th June 2003 passed by the Commissioner of Income Tax, Calcutta 700 021 appointing Shri P. K. Agarwala as a Special Auditor under section 142 (2a) of the Income Tax Act, 1961 (hereinafter referred to as the said Act) and also incidentally the vires of section 142 (2a) of the said Act in so far as it covers the same field as section 44 (AB) of the said Act as regard its constitutionality. However, at the time of argument the question of vires was not pressed by the learned senior counsel Dr. Pal. The direction for filing of affidavits was given on two occasions, to understand case of Revenue, however, no affidavit was filed, so it was decided the matter should be heard without any affidavit-in-opposition.

( 2 ) THE short fact of the case is that the petitioner is carrying on banking business after having been formed under the Co-operative Societies Act, 1912. The members and/or shareholders of the petitioner are the Government of West Bengal, holding about 38 per cent shares and balance are being held by the different District Central Co-operative Banks and other co-op

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