2011 (2) TMI 496 - HC - Income Tax

Power to transfer cases - It is not in dispute that a survey was conducted by the Revenue and thereafter a notice to show cause was issued for transferring the cases from Delhi to Ghaziabad - What is being contended before us is that during survey, it was found that multiple projects were carried out by the assessee at the relevant point of time. The same being absent in the order, we are of the considered opinion the matter has to be heard by the CIT afresh.

Summary

Issues:
Challenge to orders transferring cases under Section 127(1) of the Income Tax Act, 1961 from Delhi to Ghaziabad.

Analysis:
The High Court heard the challenge to separate orders transferring cases under Section 127(1) of the Income Tax Act, 1961 from Delhi to Ghaziabad. The Commissioner of Income Tax had passed the orders based on a survey conducted by the Revenue and the ongoing project of the assessee at Ghaziabad. The assessee contended that there was no need to transfer the cases as most activities were carried out in Delhi, where the registered office, shareholders, and directors were located. The Revenue argued that multiple projects were being carried out at Ghaziabad, justifying the transfer. The Court noted that the order lacked cogent and germane reasons, emphasizing the importance of reasons having a nexus to the facts of the case. The Court found discrepancies between the affidavit submitted and the order passed, leading to the decision that the matter needed to be heard afresh by the Commissioner of Income Tax.

The Court referred to Section 127 of the Income Tax Act, which outlines the process for transferring cases between Assessing Officers. It highlighted three key aspects: issuing a show cause notice, providing the assessee an opportunity of hearing, and passing a reasoned order. The Court emphasized that the reasons for transferring a case must be cogent and germane, aligning with the stand taken by the assessee in their reply. The Court quashed the order transferring the case from Delhi to Ghaziabad and directed the Commissioner of Income Tax to hear the matter again, affording the assessee a fresh opportunity to present their case. The Court instructed the Commissioner to pass a new order with detailed reasons, ensuring the essence of reason is met. The Court also excluded the period spent in adjudication from the limitation calculation and set a timeline for the Commissioner to dispose of the matter, maintaining the interim order until then.

In conclusion, the High Court disposed of the writ petitions without costs, emphasizing the importance of providing a reasoned order when transferring cases under Section 127(1) of the Income Tax Act, 1961. The judgment highlighted the necessity for reasons to be cogent, germane, and aligned with the facts of the case, ensuring a fair opportunity for the assessee to present their case during the transfer process.