2014 (1) TMI 1236

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....Income Tax Act, 1961 ('the Act'). By the impugned order dated 13 April 2011 the Petitioner's case (all pending proceedings) has been transferred from Income Tax Officer 7(2)(4) Mumbai to Deputy Commissioner of Income Tax, CC 1(3), Bangalore with effect from 16 April 2012. 4. The Petitioner is a company engaged in trading of and also derives income by way of rent, interest and dividend. The business of the Petitioner company is looked after by one Hasmukhray Amin who is one of the Directors of the Petitioner company and seventy years of age. One of the other Director on board of the petitioner company is one Priyakant Amin, the son of Hasmukhray Amin. 5. In the course of a search action effected at Bangalore it was found prima facie that o....

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....was not preceeded by either any notice or personal hearing. Consequently it is submitted that the order transferring the petitioner's case from Mumbai to Bangalore passed under Section 127(2) of the Act is not sustainable. 8. As against the above, Mrs. Bharucha appearing on behalf of Revenue submits that a summons under Section 131(1A) of the Act was issued on 27 July 2011 to Mr. Priyakant Amin, inter alia, to explain certain transactions which the assessee had with one Jitendra Salecha and particularly, the loss claimed by the petitioner. This was on the basis that the loss which was claimed was bogus and only by way of accommodation entries. However, Mr. Priyakant Amin who is one of the Directors of the petitioner did not respond to the ....