2025 (1) TMI 1505 - HC - Income Tax

Transfer order under Section 127(2) quashed for violating natural justice and procedural requirements

M/s. Kvell Properties Private Limited Versus The Principal Commissioner of Income Tax, Kolkata-9 & Ors.

The HC quashed a transfer order issued under section 127(2) finding it procedurally flawed and violative of natural justice principles. The court held ... Transfer order issued u/s 127 (2) is found to be procedurally flawed, arbitrary, and violative of the principles of natural justice - absence of documented concurrence between the jurisdictional Principal Commissioners as mandated u/s 127 - HELD THAT:- The respondent no. 1 failed to adhere to the principles of natural justice. Despite the Petitioner’s detailed objections to the proposed transfer and a request for the disclosure of incriminating material, no opportunity of being heard was provided and the requested material was not furnished. Petitioner was not provided with a reasonable opportunity to respond to the allegations due to inadequate notice for the hearing scheduled on October 14, 2024, coinciding with the Durga Puja holidays. Despite a valid request for rescheduling, Respondent No. 1 failed to accommodate the petitioner’s concerns, effectively depriving the petitioner of a fair chance to present its case. Such omissions violate the procedural safeguards enshrined u/s 127 (2), rendering the transfer order invalid. The impugned order also lacked cogent reasoning and failed to address the specific objections raised by the petitioner. The allegations of unaccounted cash payments and irregularities in the transaction were vague and unsupported by any credible evidence. The respondent’s reliance on vague references to 'incriminating material' without disclosing the basis or specifics of the evidence rendered the transfer order speculative and unsustainable. The Respondents’ argument that the transfer was necessitated for coordinated investigation and meaningful assessment holds merit only when supported by valid reasons and material evidence. In the present case, the purported need for coordination is not substantiated by specific or credible evidence linking the Petitioner’s assessment to the alleged concealment of income by the partnership firm. Thus the impugned transfer order is legally unsustainable. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered in this judgment include:1. Whether the issuance of the show cause notice and subsequent transfer order under Section 127 of the Income Tax Act, 1961, violated the principles of natural justice.2. Whether the procedural requirements for transferring jurisdiction under Section 127 were adhered to, including the necessity of documented concurrence between jurisdictional Principal Commissioners.3. Whether the allegations of unaccounted cash payments and other irregularities were substantiated by credible evidence.4. Whether the petitioner was provided a reasonable opportunity to respond to the allegations and participate in the proceedings.5. The relevance and applicability of precedents cited by both parties in determining the validity of the transfer order.ISSUE-WISE DETAILED ANALYSIS1. Violation of Principles of Natural JusticeThe relevant legal framework involves the principles of natural justice, which require that parties be given a fair opportunity to present their case. The Court found that the petitioner was not afforded this opportunity as the hearing was scheduled without adequate notice, coinciding with the Durga Puja holidays. Despite a request for rescheduling, Respondent No. 1 did not accommodate this, depriving the petitioner of a fair chance to be heard. This omission violated procedural safeguards under Section 127 of the Act.2. Procedural Requirements under Section 127The Court examined whether the transfer order adhered to procedural requirements, particularly the need for documented concurrence between jurisdictional Principal Commissioners. The impugned order was found to lack such documentation, rendering it procedurally flawed. The Court emphasized that procedural safeguards must be observed, as highlighted in precedents such as Pradeep Kumar Kajaria v. Union of India.3. Substantiation of AllegationsThe Court scrutinized the evidence supporting the allegations of unaccounted cash payments. It found that the allegations were vague and unsupported by credible evidence. The respondent's reliance on vague references to 'incriminating material' without disclosing specifics was deemed speculative and unsustainable. The Court concluded that the allegations could not justify the jurisdictional transfer.4. Opportunity to Respond and ParticipateThe petitioner argued that it was denied a reasonable opportunity to respond due to insufficient notice. The Court agreed, noting that the notice for the hearing was inadequate and coincided with a major holiday, and the request for rescheduling was ignored. This constituted a gross violation of natural justice principles, as the petitioner was effectively deprived of a fair opportunity to present its case.5. Relevance of PrecedentsBoth parties cited various precedents to support their arguments. The respondent relied on cases such as Pannalal Binjraj and Kashiram Aggarwalla, which upheld the administrative nature of Section 127 transfers. However, the Court distinguished these cases, emphasizing that procedural safeguards and natural justice principles must still be adhered to. The Court found the reliance on Pradeep Kumar Kajaria more pertinent, as it involved similar procedural lapses.SIGNIFICANT HOLDINGSThe Court held that the transfer order issued under Section 127 (2) of the Income Tax Act, 1961, was procedurally flawed and violated the principles of natural justice. The order lacked documented concurrence between jurisdictional Principal Commissioners and failed to provide the petitioner with a fair opportunity to be heard. The allegations were vague and unsupported by credible evidence, rendering the transfer order speculative and unsustainable.Core Principles EstablishedThe judgment reinforced the necessity of adhering to procedural safeguards and principles of natural justice in administrative actions, such as jurisdictional transfers under Section 127. It emphasized that vague allegations without credible evidence cannot form the basis for such transfers.Final Determinations on Each IssueThe Court concluded that the impugned transfer order was legally unsustainable and set it aside. All subsequent notices and actions based on this invalid transfer were deemed to lack jurisdiction. The writ petition was allowed, and the transfer order was quashed.