2024 (2) TMI 1418 - HC - Income Tax

Assessment Order Quashed: No Transfer Needed for C & M Farming Group Case; Revenue Retains Rights for Future Action.

The HC quashed the impugned order dated 1st September 2021, as the assessment for the relevant year for the searched entity, C & M Farming Group, was ... Validity of transfer order u/s 127 - requirement now to transfer petitioner’s case to Nashik Commissionerate - HELD THAT:- As submitted that after the impugned order was passed, petitioner did not even receive any communication from the AO of C & M Farming Group asking for any information or documents relating to the search that was carried out in the premises of of C & M Farming Group. The impugned order itself proceeds on the basis that a transfer is required for administrative convenience and co-ordinated investigation in the case of C & M Farming Group. Since the assessment order itself has been passed for the relevant Assessment Year in the case of C & M Farming Group on 29th September 2021, we see no reason why petitioner’s case should be transferred to Nashik Commissionerate. We hereby quash the impugned order dated 1st September 2021 - all the rights and contentions of the Revenue is kept open including to take steps in accordance with law under the provisions of Section 153C or any other applicable provisions. The court quashed the impugned order dated 1st September 2021 as the assessment for the relevant year had already been completed for the searched person, C & M Farming Group. The petitioner's case was not required to be transferred to Nashik Commissionerate. All rights and contentions of the Revenue were kept open for further action under the Income Tax Act, 1961.