Case Details

Citation(s)
2009 SLG 2396 2009 SLD 2396 (2009) 310 ITR 372
Calcutta High Court
G.A. Nos. 604 & 605 OF 2008 W.P. Nos. 1920 & 1921 OF 2005 JANUARY 30, 2009
SOUMITRA PAL, J.

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Sahara India Commercial Corpn. Ltd.

v.

Commissioner of Income Tax *, Kolkata-III

Law:

Section:

Section 127 of the Income-tax Act, 1961 - Income-tax authorities - Power to transfer cases - Assessee-company, having its registered office in Kolkata, was a part of 'Sahara India Pariwar', which included various companies, firms, charitable institutions, etc. - Revenue transferred assessee's case from Kolkata to New Delhi on ground that there was interlacing of funds and interconnection of business activities among various entities of Sahara Group which required in-depth co-ordinated investigation of case along with other group cases - Documents on record revealed that assessee-company had made investments in various entities of Sahara Group; that it had entered into joint ventures with other companies of Sahara Group for development of housing projects; and that as on 30-6-2005, out of 4371 employees, only 28 employees were posted in Kolkata and on same date, only one out of eight directors was based in Kolkata - Whether since there was neither any denial of facts by assessee nor were reasons for transfer unconvincing and vague, order directing transfer of assessee's case to New Delhi for purpose of co-ordinated investigation under a single Assessing Officer could not be called into question even in absence of allegation of evasion of tax, because twin requirements under section 127 had been complied with - Held, yes FACTS The assessee-company, having its registered office in Kolkata, was a part of 'Sahara India Pariwar' which included various companies, firms, charitable institutions, etc. The revenue issued a notice under section 127 to the assessee proposing transfer of its case from Kolkata to New Delhi and, thereafter, transferred its case to New Delhi on the ground that there was interlacing of funds and interconnection of business activities among various entities of Sahara Group and there was a need of in-depth co-ordinated investigation of the case along with other group cases. The assessee filed writ petition challenging the order of transfer. It relied upon the interim order already passed by the Division Bench of the Allahabad High Court in similar circumstances inSahara Airlines Ltd. v. Director General of Income-tax (Investigation) [2006] 286…
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