2019 (12) TMI 865 - HC - Income Tax

Transfer of case u/s 127 - reasons for transferring of the case from Indore to Chennai - HELD THAT - The need of the revenue for better investigation is of paramount importance. However, the need of the revenue for better investigation of the case cannot override and supersede the statutory provisions as it is being done in the present case At no point of time, reasons recorded, if any, were communicated to the petitioner and therefore, no opportunity of hearing was granted to the petitioner on the issue of the reasons recorded by the Department. The impugned order passed by the Department transferring the case to Chennai is quashed. All consequential proceedings are also quashed.

Summary

Issues:
1. Transfer of assessment case from one jurisdiction to another without communication of reasons.
2. Compliance with procedural requirements under Section 127 of the Income Tax Act, 1961.
3. Judicial precedents on the requirement of recording reasons and communication thereof in case transfers.

Issue 1: Transfer of assessment case without communication of reasons
The petitioner, an assessee at Indore, challenged a notice informing assessment at Chennai without reasons for transfer. A search operation in a related group led to a transfer of the petitioner's case to Chennai. The petitioner contended non-communication of reasons for transfer violated principles of natural justice, citing the Ajanta Industries case. The court noted the absence of communicated reasons to the assessee, emphasizing the mandatory nature of recording and communicating reasons under Section 127(1).

Issue 2: Compliance with procedural requirements under Section 127
The court highlighted the necessity of recording reasons before transferring a case under Section 127(1) of the Income Tax Act, 1961. The order transferring the case lacked stated reasons, contravening the legal mandate. The court emphasized that failure to communicate reasons deprives the assessee of the opportunity to challenge the order, rendering it invalid. The judgment in the Ajanta Industries case underscored the significance of communicating reasons for transfer orders to maintain procedural fairness.

Issue 3: Judicial precedents on recording reasons and communication in case transfers
The court distinguished the present case from precedents like Ambika Solvex and Bhatia Minerals, emphasizing non-compliance with procedural requirements under Section 127. The judgment in Rishikul Vidyapeeth highlighted the importance of revenue's investigation needs but stressed that statutory provisions must not be bypassed. The court reiterated that the need for better investigation cannot override the requirement to communicate reasons for case transfers. Ultimately, the court quashed the impugned order transferring the case to Chennai and all consequential proceedings, citing the absence of communicated reasons and denial of a hearing opportunity to the petitioner.

This detailed analysis of the judgment from the Madhya Pradesh High Court underscores the significance of procedural fairness, the mandatory nature of recording and communicating reasons for case transfers, and the implications of non-compliance with statutory requirements under the Income Tax Act, 1961.