Naresh Manakchand Jain v. PCIT (2019) 183 DTR 347 (Bom.)(HC)

S. 127 : Power to transfer cases–Mumbai to Pune-Violation of natural justice–Various statements referred by the PCIT was neither provided to the petitioner nor referred in the show cause notice-As the principle of natural justice is violated–Transfer order is quashed.

In response to  notice to transfer the case  the Petitioner raised detailed objections under a communication dated 6th March, 2017 contending interalia that the proposed exercise of the powers was impermissible. The Petitioner had no dealings with any person in the Ranka group. The need to centralize the Petitioner’s assessments with the said group of assessees therefore, did not arise. The Petitioner relied on certain judgments. He also sought personal hearing. PCIT passed the order transferring the case. The petitioner filed the writ petition to quash the transfer order. Court observed that the PCIT referred to the statements of one Abhinandan Jain recorded under Section 132(4) of the Act, suggesting that the Petitioner had inflated the script price of one Risa International Ltd., in connivance with other operators. The statements of other witnesses were referred to suggest that the Petitioner had received commission for such activities. According to him, such statements establish the involvement of the Petitioner in organizing artificial price rise in the shares of the said Company. Admittedly, none of these aspects were stated in the show cause notice, nor the statements or even the gist of the statements to the extent relevant, was provided to the Petitioner. The Petitioner therefore, had no opportunity to meet with such adverse material which the Principal Commissioner pressed in service for passing the impugned order. Under the circumstances, the impugned order is quashed. Accordingly the petition is allowed.