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2019 (11) TMI 988

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....e order passed by the Principal Commissioner of Income Tax (PCIT) dated 23.10.2019 under Section 127 of the Income Tax Act, 1961 (hereinafter referred as 'Act') whereby, in exercise of the power conferred by the said provision, the Principal Commissioner of Income Tax has transferred the cases of the petitioner from the ACIT/DCIT, Circle 19(1), New Delhi to the ACIT/DCIT, Central Circle-II, Noida. The impugned order reads as follows: "ORDER UNDFR SECTION 127 OF THE I.T. ACT,1961 Consequent to the search & seizure operations u/s 132 of the I.T. Act. 1961 in Keshav Lal Group (Date of Search: 19.04.2017), the Pr. Commissioner of Income Tax (Central), Kanpur vide letter F. No. Pr. CIT(C)/KNP/184/Keshav Lal/ 2018-19/131 dated 20.05.2019 has gi....

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....f the Act was issued to the petitioners on 03.06.2019 which was responded to on 13.06.2019. It appears from the notice dated 03.06.2019 that the PCIT (Delhi) did not disclose as to in respect of which group, search and seizure operation had been undertaken under Section 132/133A of the Income Tax Act, 1961 and the petitioner accordingly, disputed and denied involvement with any group searched, and claimed that no search and seizure had been undertaken in respect of it. Thereupon, another communication dated 16.08.2019 was issued to the petitioner, forwarding the copy of the letter dated 10.07.2019 - which contained the reasons and the basis for the proposed centralization. The petitioner was asked to submit its objections, if any. The commu....

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.... thereof shows that they primarily relate to the contention that the transactions undertaken with the members of the Keshav Lal Group are genuine and bona fide. 7. The submission of the learned counsel for the petitioner is that merely because the Keshav Lal Group has been searched and assessment proceedings are underway in respect of the members of the said group, is no reason to centralize and transfer the assessments in respect of the petitioner with the assessment of the Keshav Lal Group. Learned counsel for the petitioner submits that the impugned order itself is devoid any of such reasons. 8. Mr. Raghvendra Kumar Singh, who appears on advance notice, submits that in consequence of the search undertaken under Section 132 (2) in respe....