LAWS(ALL)-2014-4-491

SANJEEV SINGHAL Vs. UNION OF INDIA

Decided On April 29, 2014
Sanjeev Singhal Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) WE have heard Sri Satyender Kumar Singh, learned counsel for the petitioner and Sri Dananjay Awasthi learned Senior Standing Counsel appearing on behalf of the respondents.

(2.) BY means of the present petition, the petitioner is seeking following reliefs : -

(3.) LEARNED counsel for the petitioner submitted that the impugned transfer order dated 11.9.2008 has been passed without giving any opportunity to the petitioner and without recording any reason for the transfer of the case from ITO Ward 2 (3), Ghaziabad to Central Circle 4, New Delhi and therefore, the impugned transfer order is patently illegal. Accordingly, The assessment orders passed by the Assistant Commissioner of the Income Tax, Central Circle -4, New Delhi are invalid and liable to the quashed. In para -11 of the writ petition, it is specifically stated that "transfer order has been passed without giving any opportunity of hearing to the petitioner which is mandatory in nature". The same has not been denied in paragraph -11 of the counter affidavit.