2026 (8) TMI 1196

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... for Ays 2014-15 to 2020-21 (Exhibits F-1 to F-7) are illegal, arbitrary, without jurisdiction and liable to be set aside; (b) Hold, adjudge and declare that the Impugned Order dated 6 December 2022 And Impugned Order dated 23 December 2022 for centralisation/transfer of Petitioner's case under Section 127 of the Act (Exhibit M and Exhibit N) is illegal, arbitrary, without jurisdiction and liable to be set aside; (c) Issue a writ of Certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction, quashing the Impugned Notices under Section 153C dated 25 August 2022 for Ays 2014-15 to 2020-21 (Exhibits F-1 to F-7) as being wholly without jurisdiction, illegal, and arbitrary; (d) I....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tention the order passed by this Court on 5th February 2024 in the case of Pegasus Assets Reconstruction Private Limited V/S Principal Commissioner of Income Tax, Mumbai-3 & Ors. (Writ Petition No. 1067 of 2022) wherein this Court has already passed an order that since the assessment of the searched person, namely, C & M Farming Group, Nashik was completed on 29th September 2021 there is no requirement of transferring the case of that Assessee to Nashik and consequently quashed the transfer order. In addition to the aforesaid, the learned counsel for the Petitioner also brought to our attention the additional affidavit filed by the Revenue dated 20th April 2024 and more particularly paragraphs 8, 9 and 10 thereof which read as under:- ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....learned counsel appearing on behalf of the Revenue did not dispute the factual position that the searched person's assessment has in fact been completed on 29th September 2021. 7. Having heard the learned counsel for the parties, we are clearly of the view that the impugned orders dated 6th December 2022 and 23rd December 2022 for centralization/transfer of the Petitioner's case to Nashik under Section 127 of the Act would serve no purpose. We say this because these orders were passed 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 ....