9911796707
TMI Blog2013 (6) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... -tax Act, 1961, transferring the assessment cases of the petitioners from Guwahati to Delhi "for proper, co-ordinated and effective investigation as to their involvement on the issue of receipt of bogus share capital by the Brahmaputra group". The Commissioner of Income-tax, Central-II, New Delhi, vide letter dated December 7, 2012, stated that search operations under section 132 of the Act were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oned. On the petitioners' 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 cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned order and submitted that the power of transfer under section 127 could be exercised in public interest for co-ordinated investigation even without showing any irregularities in the account or return of the assessee. The order of transfer had nexus with the object of centralization of assessment of the case of the assessee with other assessees. Reliance has been placed on the judgment of the ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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 petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nds exist, there is no ground to interfere with the transfer. In the present case, 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. In view of the above, we do not find any ground to interfere with the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
