9911796707
TMI Blog2013 (12) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... matter was transferred, in accordance with the assignments made by the Chief Commissioner of Income Tax - Partly allowed in favour of assessee. - Writ Tax No. - 854 of 2012 - - - Dated:- 10-7-2012 - Hon'ble Sunil Ambwani And Hon'ble Aditya Nath Mittal,JJ. For the Petitioner : S. D. Singh For the Respondent : C.S.C. ORDER We have heard Shri S.D. Singh, learned counsel for the petitioner. Shri Ashok Kumar appears for the Income tax department. On 5.7.2012 after noticing that the matter has been fixed by the assessing authority to be taken up on next day, we adjourned the matter with directions to the income tax department to seek instructions and also to produce the order of the competent authority by which the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tran Private Ltd., New Delhi of which the petitioner is Managing Director were not sufficient. Shri Ashok Kumar appearing for the revenue has relied upon instructions received by Shri Pradeep Singh Gautam, Asstt. Commissioner of Income-Tax, Circle-4 (1), Agra in which it is stated in para 1 as follows:- "The assessee Shri Madhukar Kapur purchased the shares of his brother Shri Arvind Kapur in the family held company M/s Mahim Patram (P) Ltd. during the assessment year 2008-09. The assessee Shri Madhukar Kapur had to pay to Shri Arvind Kapur Rs.5 crore for this transaction to two parts i.e. Rs.2.5 crore during the assessment year 2008-09 and Rs.2.5 crore during the assessment year 2009-10 as per their family partition documents (Annexure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .w. section 2 (22) (e) and brought to tax in the hands of the assessee in A.Y. 2009-10. Such assessment order and complete assessment record of Range-4 was also communicated to Asstt. Commissioner of Income Tax, Circle-1 (1), Agra for initiating remedial action (per office note of the assessment order, page no.15). This fact has also been mentioned in the reasons recorded for reopening of case u/s 148 itself. The e-filed return of the assessee for A.Y. 2009-10 available with Income Tax Department Data Base was also downloaded on 31.1.2012 with distinct time-stamp (Annexure-E) and perused before initiating action u/s 148 of I.T. Act. the return of the assessee itself shows that the assessee has not offered any income under the head 'income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tran Pvt. Ltd. and M/s Nirmala Realtors Pvt. Ltd. and other companies is with Asstt. Commissioner of Income Tax, Range-4 Agra. The Asstt. Commissioner of Income Tax, Circle-1 while transferring the case has only given effect to the jurisdiction assigned by the Chief Commissioner of Income Tax. In GKN Driveshafts (India) Ltd. v. Income-Tax Officer Ors., 2003 (259) ITR 19, the Supreme Court held as follows:- "1. Heard learned counsel for the parties. 2. Leave is granted. 3. By the order under challenge, a Division Bench of the High Court at Delhi dismissed the writ petition filed by the appellant challenging the validity of notices issued under Sections 148 and 143(2) of the Income Tax Act, 1961. The High Court took the view that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e abovesaid five assessment years. 6. Insofar as the appeals filed against the order of assessment before the Commissioner (Appeals), we direct the appellate authority to dispose of the same, expeditiously. 7. With the above observations, the civil appeals are dismissed. 8. No costs." In the present case prima facie we do not find that the assessing authority did not have relevant material or that the reasons given by him under Section 148 (2) of the Act are required to be considered by us for adjudication at this stage. The petitioner has been served with notice under Section 148 on 2.3.2011. It was open to him to file objections. If the matter has not been decided by the assessing authority, it is still open to him to file objecti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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