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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, SANJEEV NARULA
Dev Wines Sales Corporation – Appellant
Versus
Principal Commissioner of Income Tax – Respondent


JUDGMENT

[VIA VIDEO CONFERENCING]

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) 18

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