ASHABEN RAMESH VALRANI vs. COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court noted the developments presented by both parties. The petitioner's counsel indicated that the challenge to the notice under Section 153C would not survive in view of the Supreme Court's decision in Commissioner of Income Tax v. Vijaybhai N. Chandrani. Therefore, the petitioner chose not to press this prayer, with the liberty to raise all contentions before the Assessing Officer. The Court acknowledged that the investigation was complete but the final assessment order was pending due to the interim injunction. Consequently, the petition was disposed of with a liberty to the respondents to pass the final assessment order. However, before passing the final order, the petitioner was to be given an opportunity to raise all contentions and objections, including those related to the proceedings under Section 153C.
What were the facts?
The petitioner, Ashaben Ramesh Valrani, filed a Special Civil Application challenging two aspects: an order under Section 127(2) of the Income Tax Act, 1961, passed by the Commissioner of Income Tax on February 11, 2005, transferring assessment proceedings from Bhavnagar to Ahmedabad, and the validity of a notice issued under Section 153C of the Act. The High Court, by an interim order dated April 20, 2005, restrained the respondents from passing assessment orders for assessment years 1999-2000 to 2004-2005 but allowed investigation to proceed at Bhavnagar. Subsequent developments indicated that the investigation was complete, but the final order was pending due to the injunction.
What were the issues?
1. Whether the order under Section 127(2) of the Income Tax Act, 1961, transferring the assessment proceedings of the petitioner from Bhavnagar to Ahmedabad is valid? 2. Whether the notice issued under Section 153C of the Income Tax Act, 1961, is valid? Assessee's Contentions: The petitioner's counsel, Shri Kazi, submitted that in light of the Supreme Court's decision in Commissioner of Income Tax v. Vijaybhai N. Chandrani (2013) 357 ITR 713 (SC), the challenge to the notice under Section 153C would not survive. Consequently, the petitioner would not press this prayer, reserving the right to raise all contentions before the Assessing Officer. Revenue's Contentions: The revenue's counsel, Ms. Bhatt, pointed out that the investigation at Bhavnagar had been completed but the final order was delayed due to the interim injunction.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
This petition was filed with two separate prayers. One was challenging an order under section 127(2) of the Income Tax Act passed by respondent no.1 on 11.2.2005 transferring the assessment proceedings of the petitioner from Bhavnagar to Ahmedabad. The second prayer pertains to validity of notice under section 153C of the Act.
By an interim order dated 20.4.2005, this Court restrained the respondents from passing assessment order for the assessment year 19992000 to 20042005 but permitted respondent no.2 to carry out necessary investigation, ensuring that such investigation shall take place at Bhavnagar.
Learned advocates for parties have brought to our notice certain developments which took place after the said order dated 20.4.2005 was passed. Ms. Bhatt pointed out that the entire investigation at Bhavnagar has been completed but the final order has not been passed due to interim injunction. Learned counsel Shri Kazi for the petitioner pointed out that in view of a recent decision of Supreme Court in case of Commissioner of Income Tax v. Vijaybhai N. Chandrani reported in (2013) 357 ITR 713(SC), the petitioner’s challenge to the notice under section 153C of the Act before the High Court would not C/SCA/5134/2005 JUDGMENT survive. He would not press such prayer keeping the right of the petitioner open to raise all contentions before the Assessing Officer.
In view of such developments, this petition is disposed of with a liberty to respondents to pass final order of assessment for the said assessment years, however, before which the petitioner would be given an opportunity of raising all contentions and objections including with respect to proceeding under section 153C of the Act.
With above directions petition is disposed of.
(AKIL KURESHI, J.) (MS SONIA GOKANI, J.) raghu
More judgments on Section 127(2)
- Shaadmaan Corp, Bangalore vs Income Tax Officer, Ward-1 & Tps, ShivamoggaITA 126/BANG/2025[2018-19]Status: Disposed24 Sept 2026AY 2018-19
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- Gautam Sehgal, New Delhi vs DCIT, Central Circle-14, New DelhiITA 2705/DEL/2026[2019-20]Status: Disposed9 Sept 2026AY 2019-20
- Suresh Khandelwal, Delhi vs Assistant Commissioner of Income Tax…ITA 4201/DEL/2026[2023-24]Status: Disposed12 Aug 2026AY 2023-24
- Suresh Khandelwal, Delhi vs Assistant Commissioner of Income Tax…ITA 4200/DEL/2026[2020-21]Status: Disposed12 Aug 2026AY 2020-21
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