LAWS(BOM)-2013-1-261

AAMBY VALLEY LTD Vs. COMMISSIONER OF INCOME TAX

Decided On January 24, 2013
Aamby Valley Ltd Appellant
V/S
COMMISSIONER OF INCOME TAX Respondents

JUDGEMENT

(1.) RULE , by consent returnable forthwith. With the consent of Counsel and at their request the Petition is taken up for hearing and final disposal.

(2.) THE Petitioners have sought to challenge the validity of an order dated 5 January 2012 issued by the Commissioner of Income Tax -8, Mumbai under Section 127(2) of the Income Tax Act, 1961 by which the case pertaining to the Assessee has been transferred from DCIT -8(1) Mumbai to DCIT, Delhi (Central) -6, New Delhi.

(3.) BY a notice dated 12 September 2011 the Assessing Officer informed the Petitioner of a proposal to transfer its case from DCIT 8(1) Mumbai to DCIT CC -6, New Delhi and sought the no objection of the Petitioner by 23 September 2011 failing which it was stated that an order under Section 127 (2) would be passed. By a reply dated 22 September 2011 the Petitioner requested the Assessing Officer to furnish reasons for the proposed transfer of the assessment proceedings to New Delhi and sought an opportunity of a personal hearing on its objections which would be submitted before the Respondents. On 23 November 2011 the First Respondent in reply stated that the case of the Petitioner was proposed to be centralised with Sahara Group in view of large scale financial transactions and investments of the assessee with Sahara Group which has been already centralized with the DCIT -6, New Delhi. The centralisation of the case was sought to be effected in order to make co -ordinated enquiries//investigation into such financial transactions.