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TMI BlogIncome Tax Case Transfers: Place of Business vs. Registered Office: Determining the Appropriate Jurisdiction for Income Tax AssessmentsX X X X Extracts X X X X X X X X Extracts X X X X ..... tural justice were adhered to in the transfer process. ARGUMENTS PRESENTED Petitioners' Contentions: The petitioners have their registered offices in Coimbatore and do not carry out any business activities within Kolkata's jurisdiction. The transfer would cause them personal difficulties, increased litigation costs, and inconvenience due to their age and the availability of documents in Coimbatore. Their replies objecting to the transfer were not considered, and no opportunity for personal hearing was provided before issuing the transfer notification, violating principles of natural justice. They relied on cases from the Bombay and Calcutta High Courts emphasizing the need for an opportunity of personal hearing and providing reasons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 01.2024, but the petitioners failed to appear. The court held that even if there was a lapse in providing a personal hearing, it would not alter the final decision to transfer the cases, as the material seized warranted such a transfer. ANALYSIS AND DECISION The court concluded that: When incriminating materials are seized based on an assessee's place of business, even if the registered office is situated elsewhere, it is appropriate to conduct the assessment through the circle where the materials were seized, irrespective of the registered office's location. Section 127 of the Income Tax Act empowers the transfer of cases from one place to another under such circumstances. If the Coimbatore officers were to proceed with the assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eized facilitates a comprehensive and cohesive evaluation of the evidence. Principles of Natural Justice: While the court affirmed the importance of adhering to principles of natural justice, such as providing an opportunity for personal hearing, it also recognized that a lapse in this regard may not necessarily invalidate the transfer decision if the material seized warrants such a transfer. However, the court did not condone the violation of natural justice principles. In the present case, the court applied these principles to the specific facts and circumstances, concluding that the transfer of the petitioners' cases from Coimbatore to Kolkata was justified and in accordance with the legal provisions and doctrinal principles governin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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