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2017 Supreme(Guj) 1018

M.R.SHAH, B.N.KARIA
Takshashila Realties Pvt. Ltd. – Appellant
Versus
Deputy Commissioner of Income Tax, Circle-4(1)(2) – Respondent


Advocates Appeared:
For the Appellant : J.P. Shah, Manish J. Shah

JUDGMENT :

M.R. Shah, J.

1. By way of this petition under Article 226 of the Constitution of India, the petitioner - assessee - Takshashila Realties Pvt. Ltd. (formerly known as Takshashila Gruh Nirman Pvt. Ltd.) has prayed for an appropriate writ, direction and order to quash and set aside the impugned order dated 28.12.2016 passed by the Assessing Officer under Section 142(2A) of the Income-Tax Act, 1961 (hereinafter referred to as "IT Act"), by which in exercise of powers under Section 142(2A) of the IT Act, the Assessing Officer has directed the assessee to get the accounts for A.Y. 2014-15 audited through Special Auditor.

2. The facts leading to the present Special Civil Applications, in nutshell, are as under:

2.1 That, in the case of erstwhile firms viz., M/s. Chanakya Infracon Private Limited; M/s. Chanakya Buildcon [P] Limited; M/s. Takshashila Realties Private Limited; M/s. Youngstar Infracon [P] Limited and Takshashila Properties [P] Limited, the assessment proceedings for A.Y. 2010-2011 were completed. That, pursuant to an order dated 22nd March 2011 passed by the High Court of Gujarat in Company Application No. 263 of 2011, five companies viz., M/s. Chanakya Buildcon Priva


















































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