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TMI Blog2013 (6) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... itioners but in public interest such transfer is statutorily permissible with the object of co-ordinated and effective investigation. It is not necessary that in the show-cause notice or in the order of transfer any deficiencies in the assessment of the assessee are to be pointed out. The grounds for transfer should have nexus with the object of co-ordinated and effective investigation calling for centralization of assessment. Once such grounds exist, there is no ground to interfere with the transfer. It cannot be held that the ground for transfer is non-existent or mala fide. There is material showing investment of the petitioners with the Brahmaputra group of companies in whose cases investigation is being carried out at New Delhi. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s' seeking the reasons for transfer, only reason mentioned in letter dated October 18, 2012, was that their cases related to Commonwealth games which were being monitored by the CVC which was factually incorrect. The reason being factually without any basis and perverse, transfer was beyond the scope of statutory power under section 127 of the Act. We have heard learned counsel for the parties. Learned counsel for the petitioners supported the stand and relied upon the judgments of the Andhra Pradesh High Court in Vijayasanthi Investments Pvt. Ltd. v. Chief CIT [1991] 187 ITR 405 (AP) and Saptagiri Enterprises v. CIT [1991] 189 ITR 705 (AP), the judgments of this court in Smt.Avijeeta Mohanti Casshyap v. CIT [2007] 293 ITR 399 (Gauhati) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asonable opportunity of being heard was provided. Show-cause notice was given for personal hearing and, vide letter dated October 18, 2012, it was stated that case of the petitioners related to Commonwealth games cases which were being monitored by the CVC. The impugned order clearly shows that the petitioners had made investment by way of share capital and unsecured loans with the Brahmaputra group of companies whose cases are being investigated and are related to the Commonwealth games. In view of the nexus of the petitioners with the said company, for co-ordinated and effective investigation centralization of assessment was necessary. Undoubtedly, transfer of assessment may cause inconvenience and monetary loss to the assessee and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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