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TMI BlogSection 127 of the Income Tax Act: A Case Study on Jurisdictional TransferX X X X Extracts X X X X X X X X Extracts X X X X ..... tax administration and litigation. This section provides the legal framework for the transfer of cases from one Assessing Officer (AO) to another and is crucial in ensuring the smooth functioning of the tax administration system. The interpretation and application of Section 127 were central to the case under discussion, where the appellant raised objections to the change in jurisdiction. Legal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he same city or place. * Reasons for Transfer: The authority must record reasons for the transfer and ensure that the transfer is not arbitrary or capricious. The reasons are usually administrative but may also involve considerations for a more effective investigation or assessment. Application in the Case In the case at hand, the appellant contested the change of jurisdiction from the Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of giving an opportunity of being heard before the transfer of jurisdiction within the same city. The transfer in this case was within Mumbai, and therefore, the lack of an opportunity for a hearing did not invalidate the transfer. * Impact of Transfer on Assessment: The tribunal concluded that the transfer was an administrative order and did not prejudice the assessee, particula ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jurisdictional matters in tax litigation. It demonstrates that while administrative orders like those under Section 127 are primarily procedural, they can have substantive implications for the assessment process. This case thus contributes to the broader understanding of administrative procedures in tax law and their impact on the rights and obligations of taxpayers. Full Text: 2023 (11) TMI 82 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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