- (1.) THE ATS Infrastructure Ltd. (the petitioner) through its Director Mr. Getamber Anand in Writ Petition No.418 of 2010 is aggrieved with the order dated 28.1.2010, passed by the Asstt. Commissioner of Income Tax (Central Circle), Meerut (respondent no.1) directing the petitioner-company to get its accounts audited under Section 142 (2A) of the Income Tax Act, 1961 (the Act), for the financial years 2001-02 to 2007-08 relevant to assessment year 2002-03 to 2008-09, from M/s Tandon Seth & Co., Kanpur, nominated by the Commissioner of Income Tax (Central), Kanpur, and approved by him, communicated vide his letter dated 28.1.2010. The petitioner has also prayed for a direction in the nature of certiorari for holding that the limitation for completing assessment under Section 153B of the Act has set in, and therefore no assessment order under Section 153A could be passed after 31.12.2009. The petitioner company has prayed to set aside all the actions taken by respondent nos.1 and 2 pursuance to the impugned order dated 28.1.2010.
(2.) THE Prateek Resorts and Builders Private Ltd. (the petitioner) through its Director Mr. Getamber Anand has filed the other Writ Petition No.339 of 2010 against the order dated 18.2.2010 passed by the Asstt. Commissioner of Income Tax (Central Circle), Meerut (respondent no.1), directing the petitioner-company to get its accounts audited under Section 142 (2A) of the Income Tax Act, 1961 (the Act) for the financial years 2001-02 to 2007-08 relevant to assessment year 2002-03 to 2008-09 from M/s Tandon Seth & Co., Kanpur, nominated by the Commissioner of Income Tax (Central), Kanpur, with his previous approval communicated vide his letter dated 28.1.2010. The petitioner has also prayed for a direction in the nature of certiorari holding that the limitation for completing assessment under Section 153B of the Act has set in, and thus no assessment order under Section 153A could be passed after 31.12.2009. The petitioner company has also prayed to set aside all the actions taken by respondent nos.1 and 2 pursuance to the impugned order dated 18.2.2010. We have heard Shri S.P. Gupta, Senior Advocate assisted by Shri Deepak Kapoor and Shri Anurag Khanna, for the petitioners. Shri Bharat Ji Agrawal, Sr. Advocate assisted by Shri Dhananjay Awasthi appear for the Income Tax Department.
(3.) THE ATS Infrastructure Ltd. is a public limited company registered under the Companies Act, 1956, with its registered office at 711, Deepali, 92, Nehru Place, New Delhi. The Prateek Resorts & Builders Pvt. Ltd. is private limited company with its registered office at 111/2, Rajpur Road, Dehradun. Both the companies are income tax assessees and are filing income tax returns. The ATS infrastructure Ltd. is filing income tax returns since the assessment year 1999-2000, whereas the Prateek Resorts & Builders Pvt. Ltd. filed its income tax returns for the first time in the assessment year 2002-03. The ATS Infrastructure Ltd. is engaged in the business of real estate development in different states in India. In para 6 of Writ Petition No.339 of 2010, Prateek Resorts & Builders Pvt. Ltd. v. Assistant Commissioner of Income Tax, it is stated that Prateek Resorts and Builders Pvt. Ltd., the petitioner company did not develop any project upto the end of financial year 2001-02. It has not acquired any amount nor undertook any project for real estate development, and had only received the consultancy charges of Rs.8850.00 for financial year 2001-02, which was credited to its profit and loss accounts.;