1989 (12) TMI 13 - HC - Income Tax

Court quashes transfer order for lack of reasons, emphasizes the need for effective communication in show-cause notices.

The court quashed the order of transfer due to lack of communication of reasons to the petitioner. It emphasized the importance of providing reasons for ... Transfer Of Case Issues Involved: The judgment deals with a writ petition challenging an order of transfer passed by the Chief Commissioner of Income-tax, A. P., Hyderabad, on the grounds of lack of communication of reasons for transfer to the petitioner.Details of the Judgment:Issue 1: Lack of Communication of Reasons for TransferThe writ petition challenged an order of transfer where the reasons for transfer were not communicated to the petitioner. The order stated the transfer was for 'detailed and coordinated investigation' without providing specific reasons. However, the respondents later produced reasons which highlighted the need for centralized investigation in Visakhapatnam due to the group's operations being located there. The court held that withholding reasons and communicating only the conclusion was unjustified. It was emphasized that reasons for transfer should have been included in the show-cause notice to enable effective representation. As this was not done, the order of transfer was quashed, and the writ petition was allowed with no costs.The judgment emphasized the importance of providing reasons for transfer to enable effective representation and quashed the order of transfer due to lack of communication of reasons to the petitioner. The court highlighted that reasons should have been included in the show-cause notice for a fair process. The decision does not prevent fresh proceedings for transfer in accordance with the law.