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TMI Blog2006 (11) TMI 191X X X X Extracts X X X X X X X X Extracts X X X X ..... esident of Ferozepur and is living at Chandigarh. He is director of M/s. Jay Bee Distributors (P) Limited (JBDPL) and is also partner in M/s. Shubh Distributors, who are both engaged in the distribution of medicines. JBDPL is C&F agent of M/s. Comed Chemicals Limited, Baroda (for short, 'the Baroda Company') and is looking after distribution of medicines in Punjab, Haryana, Himachal Pradesh and Chandigarh but there is no intermingling or interlacing of funds between the two companies. On 9.9.2004, business premises of the Baroda Company was searched. The business premises of M/s. JBDPL and residence of the petitioner were surveyed from where nothing incriminating was found. The petitioner received a show cause notice dated 31.5.2006 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oned in column 4 to the Assessing Officer mentioned in column 5 of the said schedule. The cases are transferred in view of Board's instructions No.5/2001 issued under No.225/95/2001-ITA-II dated 20.9.2001 after providing opportunity to the concerned assessee and considering their replies." 5. Vide our order dated 22.9.2006, we gave liberty to the respondents to pass a supplementary order giving further reasons if necessary, without prejudice to rights and contentions of the parties. The supplementary reasons given are as under:- "Search and seizure action under section 132 were conducted on the business premises of M/s Comed Chemicals Limited, Baroda and residential premises of the Directors of this group. The company and the Directors fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court in Rajesh Mahajan and others v. CIT, (2002) 257 ITR 577. 7. Learned counsel for the revenue opposed the submissions made and submitted that the impugned order itself carried the reasons, namely, for coordinate investigation in the group of cases having inter-connection to protect the interest of the revenue. Circular of the Board requiring centralization of cases having inter-connection was referred to and relied upon. It was also recorded therein that the assessee had been provided opportunity and reply filed by the assessee has been considered. The judgments relied upon were, thus, distinguishable. It was submitted that the reason was not irrelevant as the petitioner was director of JBDPL of which one of the directors was also dir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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