High Court Of Delhi
POWER CONTROLS - Appellant
Versus
COMMISSIONER OF INCOME TAX - Respondent
Civil Writ 4849 of 1999
Decided On : 12/07/1999
INCOME TAX - TRANSFER OF CASES - REASONABLE OPPORTUNITY OF BEING HEARD - SECTION 127 OF THE INCOME TAX ACT, 1961 - Petitioners challenged the orders passed by the Commissioner of Income Tax transferring their cases from different Wards in New Delhi to DCIT (Central) Faridabad on the ground that the orders were passed in violation of the principles of natural justice and in contravention of the statutory requirement of Section 127 of the Income Tax Act, 1961.
Fact of the Case:
The petitioners, five in number, filed a writ petition for quashing the orders passed by the Commissioner of Income Tax transferring their cases from different Wards in New Delhi to DCIT (Central) Faridabad. The reason for transfer, stated in the order passed by respondent No. 2 in case of petitioner No. 3 namely, M/s. Diana Organics Private Limited, was for "administrative convenience and co-ordinated investigation". However, no reason was given in the Orders passed by respondent No. 1 in the cases of Power Controls, Power Engineers and Smt. Savitri Suneja, petitioners No. 1,2 and 5 respectively.
Finding of the Court:
The court held that the orders transferring the cases of petitioners No. 1 to 3 and 5 were invalid and are liable to be set aside. Insofar as the case of petitioner No. 4 is concerned, the same having been transferred from Income-tax Officer Ward-1 Faridabad to DCIT (Central) Faridabad, i.e. in the same city, in view of the specific provisions of Section 127 (3) of the Act, the order passed by respondent No. 4 cannot be said to be illegal.
Issues: Whether the orders passed by the Commissioner of Income Tax transferring the petitioners' cases from different Wards in New Delhi to DCIT (Central) Faridabad were passed in violation of the principles of natural justice and in contravention of the statutory requirement of Section 127 of the Income Tax Act, 1961.
Ratio Decidendi: The court held that the petitioners were not granted adequate opportunity of being heard before their cases were ordered to be transferred from Delhi to Faridabad. The court observed that the requirement of law, which has to be observed before transferring the assessee's case from one officer to another, is that the assessee must be apprised of the basic and broad facts, which, in the opinion of the authorities concerned, necessitate coordinated investigation by a single Assessing Officer, to enable the assessee to put forth his view point on the issue so that a considered decision is taken to prevent unnecessary harassment to the assessee and at the same time the object of the transfer is achieved.
Final Decision: The court quashed the impugned orders of transfer passed by respondents No. 1 and 2. However, the court clarified that this order will not preclude the authorities concerned from taking fresh appropriate proceedings for transfer of cases of the petitioners to any other officer in accordance with law, keeping in view the legal position discussed above.
( 1 ) RULE D. B.
( 2 ) SINCE a short point is involved and there is not much controversy on facts, with the consent of counsel for the parties, we proceed to decide the writ petition finally at this stage itself.
( 3 ) THE petitioners, five in numbers, have filed this writ petition for quashing the order passed by respondents No. 1 and 2 on 15/16th June, 1999 and 31st May/3rd June, 1999 respectively in exercise of powers conferred by sub section (2) of Section 127 of the Income Tax Act, 1961 (for short the Act ), whereby their cases have been transferred from different Wards in New Delhi to DCIT (Central) Faridabad. The reason for transfer, stated in the order passed by respondent No. 2 in case of petitioner No. 3 namely, M/s. Diana Organics Private Limited, filed with the counter affidavit of the said respondent as the petitioners claim to have i of received the same, is for "administrative convenience and co-ordinated investigation". However, no reason has been given in the Orders passed by respondent No. 1 in the cases of Power Controls, Power Engineers and Smt. Savitri Suneja, petitioners No. 1,2 and 5 respectively.
( 4 ) PETITIONER No. 1 is a proprietorship concern of one R. K. Suneja and was being assessed by the Assessing Officer Ward 10 (1), New Delhi; petitioner No. 2 is a partnership firm regularly assesed by the Assesing Officer Ward 10 (1 ), New Delhi: petitioner No. 3 is an incorporated company assessed by the Assessing Officer, Company Circle 26 (2), New Delhi; petitioner No. 4 is a Hindu Undivided Family of which the said R. K. Suneja is the Karta and is assessed at Faridabad and petitioner No. 5, wife of R. K. Suneja, is a partner in petitioner No. 2 and is assessed by the Assessing Officer Ward 10 (1) New Delhi. Respondents No. 1 to 5 are respectively Commissioner of Income Tax, Delhi-VII, Commissioner of Income Tax Delhi-1, Commissioner of Income Tax (Central), Ludhiana, Commissioner of Income Tax Rohtak and Deputy Comissioner of Income Tax, Central Circle, Fardibad.
( 5 ) THE impugned orders were preceded by three sets of show cause notices, which are reproduced hereunder for the sake of ready reference. Dated 1/4th February, 1999. To, the Principal Officer, m/s Diana Organics Pvt. Ltd. . 2003, Katra Lachchu Singh, bhagirath Palace, new DELHI. Sir, sub. : Transfer of case with Deputy Commissioner of Income-tax (Central), fridabad-Regarding. You are aware that a search has been conducted in the R. K. Suneja and associates group of cases on 12. 9. 98 in which your case was also covered u/s. 132 (1 ) of the Incoem-tax Act, 1961. For the sake of co-ordinated investigation in the group cases, I want to transfer your case u/s. 127 of the Income-tax act, 1961 to the Deputy Commissioner of Income-tax (Central) Faridabad. In this connection, your are hereby provided an opportunity of being heard u/s. 127 (1 ) of the Income-tax Act, 1961 if you have any objection to the proposed transfer. For this purpose, your case is fixed before the undersigned for hearing, on 9th February, 1999 at 3. 00 PM in Chamber No. 363. Central revenue Building, Indraprashtha Estate, New Delhi. Yours faithfully, sd/ (P. L. SINGH) commissioner of Income-tax delhi-1, New Delhi. Dated: 12/15. 2. 1999 to, shri R. K. Suneja, 1959, Katra Lachchu Singh, bhagirath Palace, new Delhi. Sub : Assignment/centralisation of search cases of Sh. R. K. Suneja and Associates, 1959, Katra Lachchu Singh, Bhagirath Palace, new Delhi. Reference above. It is proposed by the Director General of Income-tax (Inv.) New Delhi to centralise your case with the DCIT (Central Circle) faridabad. You are, therefore, hereby given an opportunity of being heard by the commissioner of Income-tax, Delhi-VIII, New Delhi in his room No. 251, C. R. Building, New Delhi on 22. 2. 1999 at 11. 30 AM. Yours faithfully. sd/- (Anand Jha) dy. Commissioner of Income-tax (Hqrs.-VII ). New Delhi. M/s. R. K. Suneja and Associates. 16/6, Mathura Road, faridabad. 2000 I AD (DELHI)
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