TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>High Court quashes transfer order under Income Tax Act, stresses importance of clear notices for fair process</h1> <h3>SHRI MB MALLIKARJUNA Versus THE COMMISSIONER OF INCOME TAX</h3> The High Court set aside the transfer order under Section 127(2) of the Income Tax Act, 1961, due to inadequate notice lacking reasons for transfer, which ... - Issues involved: Challenge against the order transferring the case under Section 127(2) of the Income Tax Act, 1961 and the assessment notices.Transfer Order Challenge:The petitioner challenged the transfer order under Section 127(2) of the Income Tax Act, 1961, from ITO, Ward-1, Shimoga to DCIT, Central Circle-1(2), Pune, citing lack of proper notice and absence of reasons for the transfer. The main contention was the necessity of a valid notice before such transfers, as highlighted in previous judgments emphasizing the importance of reasons for transfer and the right to fair hearing. The petitioner argued that the notice received did not provide adequate information for effective representation against the transfer, rendering the order unsustainable in law.Legal Precedents:Reference was made to previous judgments emphasizing the significance of a valid notice in administrative adjudication processes. The judgments stressed the importance of clear and precise notices, stating reasons for actions, and providing the party concerned with sufficient information to present an effective defense. The adequacy of notice was highlighted as a crucial element of natural justice and good administration, ensuring fairness and the opportunity to rebut evidence.Judgment and Order:The High Court held that the notice received by the petitioner prior to the transfer order was inadequate as it lacked reasons for the proposed transfer, failing to enable effective representation. Consequently, the court set aside the impugned transfer order and the assessment notices. The respondent was directed to issue a proper notice to the petitioner and take action in accordance with the law. The writ petitions were disposed of accordingly, with an additional order regarding the interim stay application.
TaxTMI 
TaxTMI 
