Section 127 "Transfer of Case" Controversy Referred To Full Bench

---------- Forwarded message ----------
From: editor@itatonline.org <itatonline.org@gmail.com>
Date: Thu, Apr 26, 2012 at 10:52 AM
Subject: Message from EGroup of SolapurCAs S. 127 "Transfer of Case" Controversy Referred To Full Bench
To: editor@itatonline.org

 

Dear Subscriber,

 

The following important judgement is available for download at itatonline.org.

Millenniun Houseware vs. CIT (Gujarat High Court)

Q whether the s. 127(2) transfer order is invalid for want of reasons referred to Full Bench

 

The CIT, Valsad, passed an order u/s 127(2) centralizing the assessee's case from Vapi to Surat "to facilitate coordinated and effective investigation". The assessee challenged the order on the ground that as no reasons were given in the s. 127(2) order (though given in the affidavit-in-reply), the s. 127(2) order had to be struck down as per Ajanta Industries vs. CBDT 102 ITR 281 (SC). The department relied on Arti Ship Breaking vs. DIT 244 ITR 333 (Guj) where it was held that Ajanta Industries was no longer good law and reasons were not required to be stated in the order. HELD by the Court:

(Click Here To Read More)

Regards,

Editor,

itatonline.org

---------------------

Latest:

M/s. Alpha Projects Society P. Ltd vs. DCIT (ITAT Ahmedabad) S. 40(a)(ia): Special Bench verdict cannot be followed in view of High Court verdict

__._,_.__