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2016 (7) TMI 974 - HC - Income TaxTransfer of cases - petitioner's assessment came to be transferred from DCIT (Circle2)( 1)(1), Ahmedabad to ACIT (Central Circle) Moradabad (U.P.) - Held that:- For multiple reasons, this notice would fail the test of granting reasonable opportunity of hearing. Mere issuance of notice inviting attendance of an assessee for hearing of a case for transfer of the assessment can hardly be stated to be fulfillment of requirement of hearing. On what primafacie grounds or reasons the case is to be transferred, was nowhere indicated in this notice. The petitioner was left to imagine such grounds and meet with them by making a representation in writing or orally if he so desired. By not indicating any reasons, why the authority proposed to transfer the case, the Principal Commissioner merely called upon the petitioner to attend his office for hearing. This notice gives not the slightest idea to the petitioner why the assessment which is otherwise competent at Ahmedabad is proposed to be transferred some 700 kms away at Moradabad in U.P. In other words, the authority asked the assessee to imagine the possible grounds why the case would be considered for transfer and then to meet such grounds by making representation. He thus made the procedure of giving hearing a mere formality. After attempting on couple of occasions to elicit further response from the Commissioner, the petitioner raised written objections under letter dated 04.01.2016 and specifically raised four grounds why the case should not be transferred. The petitioner did refer to the search and seizure operations at the residential premises of the director of the company and survey action at the factory of the petitioner company. However, this would not in any manner reduce the requirement of the prescribed authority to at least convey to the petitioner the primafacie reason why the assessment was being considered for transfer. Though unaware of the order of transfer of assessment, the petitioner had raised such detailed objections shortly thereafter. However, the fundamental action of the authority was flawed since at no point of time, the petitioner was given any idea why the assessment was under transfer. - orders set aside.
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