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2021 Supreme(Del) 1648

RAJIV SAHAI ENDLAW, SANJEEV NARULA
Dev Wines Sales Corporation – Appellant
Versus
Principal Commissioner Of Income Tax-10 – Respondent


Advocates appeared:
Arvind Kumar, Advocate, Abhishek Maratha, Advocate

JUDGMENT

Rajiv Sahai Endlaw, J. - CM No.5073/2021 (for exemption)

    1. Allowed, subject to just exception and as per extant Rules.

    2. The application is disposed of.

      W.P.(C) No.1761/2021

      3. The petition impugns the order dated 15th January, 2021, passed in exercise of powers under Section 127 of the Income Tax Act, 1961, of transfer of jurisdiction of the petitioner from ITO, Ward-29(1), Delhi to Deputy Commissioner of Income Tax, Central Circle-2, Faridabad.

      4. It is the contention of the counsel for the petitioner, (i) that the petitioner, since its inception and since the Assessment Year 2014-15 has been assessed at Delhi; (ii) that in the show cause notice issued prior to exercising the power, no reason whatsoever was given; and, (iii) that even in the impugned order, no reason whatsoever has been given.

      5. Reliance is placed on Pannalal Binjraj Vs. The Union of India, (1957) 31 ITR 565 (SC), Power Controls Vs. Commissioner of Income Tax, Delhi-VII, (2000) 241 ITR 807 (Delhi), Ajantha Industries Vs. Central Board of Direct Taxes, New Delhi, (1976) 102 ITR 281 (SC), Vijayasanthi Investments Pvt. Ltd. Vs. Chief Commissioner of Income Tax, (1991) 187 ITR 405 (AP), Saptagiri Enterprises V

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