9911796707
TMI BlogUpholding the Transfer of Assessment Proceedings u/s 127: A Judicial PerspectiveX X X X Extracts X X X X X X X X Extracts X X X X ..... of the Income Tax Act, 1961 (the Act). The primary issue is whether the Revenue authorities have rightly exercised their powers u/s 127 to transfer the cases for coordinated investigation and administrative convenience. Arguments Presented The assessees challenged the transfer orders issued by the Revenue authorities, contending that: * The impugned orders do not reflect the application of min ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sfer cases cannot be capricious or mala fide. * The convenience of the assessee should be kept in mind, but it would be subservient to the interests of adjudication and collection of taxes. Doctrine or Principle Discussed The court discussed the principle that Section 127 of the Act is a machinery provision aimed at larger public interest. The powers under this section can be exercised keeping ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The exercise of statutory powers by the authorities cannot be said to be wholly arbitrary, irrational, without jurisdiction, or mala fide. Consequently, the court dismissed the writ petitions challenging the transfer orders passed u/s 127 of the Act. Comprehensive Summary The court, after a comprehensive analysis of the legislative provisions, judicial precedents, and the facts of the case, up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tails furnished by the assessees indicated transactions pertaining to unsecured loans with the searched persons.
Overall, the court held that the exercise of statutory powers by the authorities was not arbitrary, irrational, without jurisdiction, or mala fide, and hence, it did not interfere with the transfer orders.
Full Text:
2024 (5) TMI 456 - DELHI HIGH COURT X X X X Extracts X X X X X X X X Extracts X X X X
|
