The case pertains to the transfer of assessment proceedings u/s ...

Tax evasion probe shifted from registered office to location of incriminating evidence.

Case Laws     Income Tax

September 7, 2024

The case pertains to the transfer of assessment proceedings u/s 127 from Coimbatore to the Central Circle in Kolkata. The respondents seized incriminating materials during a search at the petitioner's place of business in Kolkata, indicating involvement in lottery business and tax evasion within Kolkata's jurisdiction. Despite the petitioner's registered office being in Coimbatore, the respondents transferred the case to Kolkata as the seized materials directly linked the petitioner to business activities there. The petitioner objected, citing difficulties like age, litigation costs, and document availability in Coimbatore. However, the court held that since the incriminating evidence was found in Kolkata relating to the petitioner's business there, it was appropriate to transfer the case to the Kolkata Circle for assessment, irrespective of the registered office location. Section 127 empowers such transfers based on the circumstances. Transferring to Coimbatore would be impractical without access to relevant materials. No prejudice was caused as only a jurisdictional transfer occurred without any adverse assessment orders. The court dismissed the writ petition, upholding the notification transferring the case to Kolkata.

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