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1989 Supreme(Mad) 426

MOHAN, S.T.RAMALINGAM
R. Sathya Moorthy and Others – Appellant
Versus
Union of India and Others – Respondent


Appearing Advocates: For

Judgment :-

S. Mohan, Officiating C. J.

All these writ petitions can be dealt with under a common judgment, since the prayer is one and the same, viz., for a declaration that section 44AB of the Income tax Act, 1961, which imposes audit of accounts of assessees by accountants alone and restraining the other authorised and qualified practitioners as unreasonable, discriminatory and unconstitutional. In all the cases, barring W. P. No. 10765 of 1989, the petitioners are income tax practitioners. The petitioner in W. P. No. 10765 of 1985 is an assessee.

It is enough if we refer to W. P. No. 3203 of 1985. The petitioner herein is an income tax practitioner. He has been so registered with the Commissioner of Income tax and, in the course of the exercise of his profession, he assists assessees in the preparation of accounts, balance sheets, profit and loss accounts, statements and return of income to be filed before the income tax authorities. He has been carrying on his profession since 1976.

He is an authorised representative within the meaning of section 288(1) of the Act. The relevant clause applicable would be clause (vi) of sub section (2) which reads as follows :

"(vi) any person who






























































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