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2015 (4) TMI 872 - HC - Income TaxPower to transfer cases - order passed by the authorities transferring the file of the assessee to the Hyderabad - Held that:- Managing Director of the assessee has paid money for purchase of 10 plots, out of which, two are registered in his name and 8 are registered in his wife’s name and the seller - Sri Syed M. Mehdi was paid the money by cheques from the account of the assessee and the partnership firm where he and wife are partners. It is asserted that the cheques given to Sri Mehdi on various dates and the cheques were drawn from the bank account of the assessee and the partnership firm and also of his and his wife’s personal account at Kotak Mahendra Bank, ITPL Branch, Whitefield, Bangalore. From this answers, it is clear that the 10 plots were purchased in Hyderabad, two in the name of the Managing Director and 8 in the name of his wife. The consideration for these 10 plots was paid to the purchaser from the account of the assessee and from the account of the partnership firm and the individual account of the Managing Director and his wife. That is why it is necessary to centralize all the returns in order to find out the true nature of the transaction - from which account, how much account is paid? and how the documents came to be registered in the name of husband and his wife? The Managing Director is fully acquainted with all these facts. It is he, who has given all these information and he has no difficulty in going to Hyderabad for being present during the assessment proceedings of his, individual account and his wife’s account. We do not see what difficulty he would have, if the assessee’s account, of which he is the Managing Director, is also processed at the same time where his individual and his wife is processed. The order passed by the authorities transferring the file of the assessee to the Hyderabad is just and proper and without any justification the learned Single Judge has interfered with the well considered order passed. Therefore the impugned order cannot be sustained. Hence, Appeal is allowed, the impugned order passed by the learned Single Judge is hereby set aside and the order of transfer is restored.
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