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2014 (3) TMI 473 - HC - Income TaxPower to transfer the case u/s 127 of the Act – Held that:- Two notices were issued to the petitioner and she was also given the opportunity of being heard – There cannot be any dispute to the proposition that the reasons for exercising power under Section 127(1) of the Act has to be relevant and germane - the power under Section 127(1) of the Act is exercised on extraneous reason the order falls outside the purview of Section 127 (1) of the Act - The reasons given in the order cannot be said to be irrelevant or not germane to the issues - Section 127(1) of the Act gives ample power to the Commissioner to transfer a case on a valid and cogent reason - There is no error in the order of the Commissioner in exercising the power by the Commissioner under Section 127 (1) of the Act in transferring the case of the petitioner. Search u/s 132(4A) of the Act – Held that:- Section 132(4A) of the Act contains a provision regarding presumption - The provision may be relevant at the time of final assessment regarding the cash seized in the search, but the provision does not help the petitioner in finding any fault in exercise of power under Section 127 (1) of the Act – Decided against Assessee.
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