2017 (6) TMI 402 - HC - Income Tax

Power to transfer cases u/s 127 - revenue contends that having regard to the presumptive nature of section 124 Tribunal could not have examined the existence of the said order in view of its limited jurisdiction - Held that - Revenue s contention that the Income-tax Appellate Tribunal s bye-laws are limited and cannot examine the existence of the order given the nature of section 124 is unpersuasive. As an appellate body, it certainly can call for the records and examine the existence of the order. That is, however, entirely different from the effect of section 124 which may bring forward the effect of such order. In other words, existence of the order which is the basis of an assessment can certainly be looked into by the Income-tax Appellate Tribunal as an appellate body. This may be done even though the effect of such order on account of section 124 and a further enquiry into its legality may or may not be available. With this clarification, the court is of the opinion that no substantial question of law arises.

Summary

Issues:
1. Jurisdiction of the Income-tax Appellate Tribunal to examine the existence of an order made under section 127 of the Income-tax Act, 1961.

Analysis:
The High Court addressed the issue of whether the Income-tax Appellate Tribunal had the jurisdiction to examine the existence of an order made under section 127 of the Income-tax Act, 1961. The Revenue contended that the Tribunal, due to the presumptive nature of section 124, could not have examined the order's existence as it was beyond its limited jurisdiction. However, the Court found this argument unpersuasive, stating that as an appellate body, the Tribunal had the authority to call for records and investigate the existence of the order. The Court clarified that while section 124 may affect the order's consequences, the Tribunal could still examine its existence, which forms the basis of an assessment. Therefore, the Court concluded that the Tribunal could look into the existence of the order, even if a further inquiry into its legality might not be within its purview.

The Court also noted that the Income-tax Appellate Tribunal had directed the production of the file and the order made under section 127 in several hearings before issuing the impugned order. Additionally, the Revenue had rejected a right to information query filed on behalf of the assessee. Despite the Revenue's argument that the Tribunal's bye-laws limited its ability to examine the order's existence, the Court affirmed that the Tribunal, as an appellate body, had the competence to review such matters. The Court clarified that while section 124 might impact the order's effect, the Tribunal could still investigate its existence, which is crucial for an assessment. Consequently, the Court dismissed the writ petition, stating that no substantial question of law arose from the case.

In conclusion, the High Court's judgment emphasized the Tribunal's authority as an appellate body to examine the existence of an order made under section 127 of the Income-tax Act, 1961, despite the presumptive nature of section 124. The Court clarified that while section 124 might influence the order's effect, the Tribunal could still scrutinize its existence, which is essential for conducting assessments. The Court's decision to dismiss the writ petition underscored its view that the Tribunal had the jurisdiction to investigate the order's existence, even if a further inquiry into its legality was not within its scope.