The Court held that the expression used in clause (a) to sub-section (2) is agreement. Agreement per se would mean that the concerned parties have to agree to a specific course of action. Furnishing a proposal may not amount to an agreement of the designated higher authorities as contemplated under clause (a) to sub-section (2) of section 127. It was quite evident that before passing the order no opportunity of hearing was granted to the assessee. Hearing was granted after the decision was taken culminating in the second order. That apart, from the second order it was discernible that there was no agreement between the two jurisdictional Principal Commissioners to transfer assessment jurisdiction from Mumbai to Kochi. Evidently, the procedure prescribed under section 127(2)(a) of the Act had not been complied with. The order of transfer was not valid.
Parappurathu Varghese Mathai v. PCIT (2020) 428 ITR 79 / 316 CTR 833 / 193 DTR 337 (Bom.)(HC) Sarakutty Mathai v. PCIT (2020) 428 ITR 79 / 316 CTR 833 / 193 DTR 337 (Bom.)(HC) Olive Builders v. PCIT (2020) 428 ITR 79 / 316 CTR 833 / 193 DTR 337 (Bom.)(HC)
S.127 : Power to transfer cases-Agreement between two higher authorities-Opportunity to be heard must be provided. [S. 127(2), Art. 226]