Allowing the petition the Court held that no show-cause notice was issued to the assessee assigning reasons for transfer under section 127(2) of the Act nor that at no point of time was the assessee served with a copy of the order passed under section 127(2) of the Act. The order of transfer dated July 8, 2021 passed under section 127(2) of the Act was quashed and set aside. (AY.2017-18, 2018-19)
Nagindas Kasturchand and Bros. v. PCIT (2022) 445 ITR 50/ 288 Taxman 66 / 214 DTR 29/ 326 CTR 716 (Guj.) (HC)
S. 127 : Power to transfer cases-Opportunity of hearing should be provided-Reason for transfer should be recorded-Transfer of case without notice and reasons for transfer is not valid. [Art. 226]