9911796707
|
Home
Issues involved: Transfer of jurisdiction u/s 127 of Income Tax Act, 1961 based on coordinated investigation; Validity of transfer order; Allegations of threats and misconduct during search operation.
Transfer of Jurisdiction: The petitioner, a partnership firm, challenged the transfer of its case from Income-tax Officer, Dehradun to Assistant Commissioner of Income-tax, Investigation Circle, Meerut. The main contention was that the reason given for transfer, i.e., proper and coordinated investigation, was not valid. Allegations and Search Operation: A search was conducted at the residence of Bhatia Family members, leading to the discovery of unlicensed arms, gold biscuits, and undisclosed cash credits. The search operation faced resistance and threats, with Income-tax Officers being threatened and conditions necessitating police intervention. The counter-affidavit highlighted the need for centralizing cases due to interlinked material found during the search. Court's Decision: The High Court upheld the transfer order, citing the need for coordinated investigation in cases involving connected business groups or families. Referring to a previous judgment, the court emphasized that proper coordination is a valid ground for transfer u/s 127. The court rejected the petitioner's argument to keep the cases in Dehradun, considering the threats faced by officers and the need for a conducive working environment. Legal Precedents: The court declined to follow decisions from other High Courts questioning the vagueness of "coordinated investigation," relying on its own precedent. It noted conflicting views from different High Courts but ultimately upheld the validity of the transfer order based on the facts of the case. Equity and Dismissal: Apart from the legal aspects, the court found no equity in the petitioner's favor to warrant interference under Article 226 of the Constitution. Consequently, the writ petition was dismissed, with no order as to costs.
|
