9911796707
TMI Blog1984 (1) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioners, M/s. Maheshwari Lime works, Katni, and M/s. Shri Venkatesh Trading Co., Katni, have challenged the transfer of their assessment cases from the file of ITO, 'A' Ward, Katni, to the file of ITO, Special Investigation Circle-II, Jabalpur, by the impugned order dated July 25, 1983, by the Commissioner under s. 127 of the I.T. Act, 1961. Notices were issued to the petitioners by the Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estigation. It appears that nobody appeared before the Commissioner on July 14, 1983, and he, therefore, passed the impugned order stating that centralisation of these cases at Jabalpur is necessary to have a thorough scrutiny and detailed investigation before completion of the assessment ; however, in order that the assessees are not put to inconvenience, the ITO, Special Investigation Circle-II, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on that the petitioners were not given any personal hearing before the impugned orders were passed. Even otherwise we find that no prejudice has been caused to the petitioners by not giving them a personal hearing. They had submitted their written objections which have been duly considered by the Commissioner. Except the grounds mentioned in their written objection, no fresh ground has been urged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these cases. It appears that there was raid in the premises of the petitioners on May 12, 1981. The search and seizures were challenged in a writ petition in this court, which was dismissed, although the account books were ordered to be returned. On scrutiny it has been found that several parties were concerned with the transactions entered into with the petitioners. Under the circumstances, the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e connection of the petitioners with the Delhi group. The Division Bench of this court in Sagarmal Spg. Wvg. Mills Ltd. v. CBDT [1972] 83 ITR 130, is clearly distinguishable where it was held that facility of investigation would not be sufficient reason for transfer of a case and would not be in compliance with the requirements of s. 127. In that case no reason was given for transfer of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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