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TMI Blog2013 (3) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... urt for the first time on 2 January 2013. The assessment proceedings for A.Y. 2010-11 would become time barred by 31 March 2013 in view of the mandate of Section 153(1)(a). The present case does not fall within the ambit of the provisions of Section 153 (3) including clause (ii). The assessee has waited for nearly ten months before instituting the proceedings. Having regard to the fact that the assessment would otherwise become time barred, the ends of justice would require that the final order that the Court would pass should be so modulated to balance the need to comply with the principles of natural justice on the one hand with the necessity of protecting the Revenue on the other. No interference with the order dated 5 January 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Petitioner by 23 September 2011 failing which it was stated that an order under Section 127 (2) would be passed. By a reply dated 22 September 2011 the Petitioner requested the Assessing Officer to furnish reasons for the proposed transfer of the assessment proceedings to New Delhi and sought an opportunity of a personal hearing on its objections which would be submitted before the Respondents. On 23 November 2011 the First Respondent in reply stated that the case of the Petitioner was proposed to be centralised with Sahara Group in view of large scale financial transactions and investments of the assessee with Sahara Group which has been already centralized with the DCIT-6, New Delhi. The centralisation of the case was sought to be effec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee to furnish information in order to complete the assessment under Section 143(3). The assessee sought an extension of time by a letter dated 3 March 2012. On 20 April 2012 and 7 May 2012 the asseesee sought an adjournment in order to institute proceedings before this Court. 8. These proceedings were filed in the registry on 23 October 2012. The assessment for A.Y. 2010-11 would become barred by limitation on 31 March 2013 under Section 153(1)(a). 9. A Petition was filed before this Court under Article 226 of the Constitution by Sahara Hospitality Ltd.1 in order to challenge a similar order dated 5 January 2012 passed by CIT-8 transferring the proceedings from Mumbai to New Delhi. By a judgment of a Division Bench dated 12 Sep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ench noted above in the case of Sahara Hospitality Limited. In the present case, admittedly, though reasons were furnished to the assessee and the basis on which the transfer was sought to be effected was indicated, no personal hearing was afforded. The requirement of a personal hearing in the present case is of some significance because the assessee had submitted objections both on the need to transfer the case to New Delhi and on the alleged hardships that would be caused if such a transfer were to be effected. Whether the objections of the assessee were sustainable or otherwise is a separate matter which need not detain us at this stage. In view of the law laid down by the Division Bench in the judgment noted earlier, interpreting the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 5 January 2012 to the extent that the case file stands transferred to New Delhi in relation to the assessment proceedings for A.Y. 2010-11. We decline to do so on the ground of the delay on the part of the assessee in moving this Court in relation to the transfer pertaining to proceedings for A.Y. 2010-11 which, as indicated earlier, would become time barred on 31 March 2013. Save and except for the aforesaid, we direct that the CIT-8 Mumbai, the First Respondent, shall proceed to furnish an opportunity of being heard to the assessee and for that purpose treat the impugned order dated 5 January 2012 as a notice calling upon the assessee to show cause as to why the case should not be transferred. We reiterate and clarify by way of abundant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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