GAUTAM SINGH KARNAWAT S/O SHRI JAI SINGH KARNAWAT vs. ASSISTANT COMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court held that Section 127 of the Income Tax Act, 1961, empowers the transfer of cases and mandates a procedure, including providing a reasonable opportunity of being heard to the assessee and passing a reasoned order, unless the transfer is within the same city. In this case, the transfer was between different districts (Jaipur to Bikaner), and it was undisputed that no opportunity of hearing was granted to the petitioner. The impugned order was also found to be bereft of reasons. Citing the Supreme Court's decision in Ajantha Industries, the Court found that the principles of natural justice were not complied with. Consequently, the impugned order dated 17.11.2017 and all consequent proceedings were quashed. The department was granted liberty to proceed in accordance with law. The present writ petition was disposed of in the same terms.
What were the facts?
The petitioner, Gautam Singh Karnawat, filed a writ petition challenging an order passed by the Principal Commissioner of Income-tax, Jaipur-2, under Section 127 of the Income Tax Act, 1961. This order transferred the petitioner's assessment case from Jaipur to the ACIT, Central Circle - Bikaner. The petitioner contended that the transfer order violated principles of natural justice and the prescribed procedure under Section 127. The respondents argued that the transfer order had been acted upon, and an assessment order was passed by the ACIT, against which the petitioner had filed an appeal. The High Court noted that there is no provision for appeal or revision against transfer orders under Section 127.
What were the issues?
1. Whether the transfer order passed by the Principal Commissioner of Income-tax under Section 127 of the Income Tax Act, 1961, is liable to be quashed for violating the principles of natural justice and the prescribed procedure. Assessee's Contentions: The assessee argued that the transfer order was passed in violation of principles of natural justice and without following the procedure prescribed under Section 127 of the Act. Reliance was placed on the Supreme Court decision in Ajantha Industries and Ors. vs. Central Board of Direct Taxes, New Delhi and Ors. The assessee also raised objections that the transfer order was not communicated and passed without an opportunity of hearing. Revenue's Contentions: The revenue submitted that the ACIT, Bikaner, had passed the assessment order, and the petitioner had filed an appeal against it, implying the transfer order had been acted upon. The revenue contended that the pending appeal against the assessment order does not preclude the petitioner from assailing the legality of the transfer order in writ jurisdiction.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
Order 18/03/2025 AVNEESH JHINGAN, J. (ORAL)
Learned counsel for the parties are at ad idem that the issue involved in the present writ petition, is covered by the decision of this Court dated 04.03.2025 in D.B. Civil Writ Petition No.3432/2018, wherein the following order was passed:- “1.This petition is filed seeking quashing of order dated17.11.2017 passed by the Principal Commissioner of Income-tax, Jaipur-2 under Section 127 of the Income Tax Act, 1961 (for short ‘the Act’) transferring the case of assessment of the assessee from Jaipur to ACIT, Central Circle - Bikaner (hereinafter referred to as ‘ACIT’).
[2025:RJ-JP:12240-DB] (2 of 3) [CW-2360/2024]
The grievance raised in the present petition is that the order passed is in violation of principles of natural justice and without following the procedure prescribed u/s 127 of the Act. Reliance is placed upon the transfer orders passed u/s 127 by way of filing an appeal or revision. The contention of the counsel for the respondents that the appeal is pending against the assessment order passed by the ACIT does not oust the petitioner from assailing legality and validity of the transfer order in writ jurisdiction.
Section 127 of the Act empowers transfer of cases and prescribes procedure to be followed. The authorized officer can transfer the cases after providing reasonable opportunity of being heard to the assessee and by passing a reasoned order. Exception for not granting opportunity of hearing is in sub-section (3) i.e. in cases where transfer is from one assessing authority to another situated in the same city.
In the present case, the case of the petitioner was transferred from Jaipur to Bikaner, different districts. It is undisputed that no opportunity of hearing was granted to the petitioner before passing the impugned order.
From perusal of the impugned order, it is forthcoming that it is bereft of reasons. The principles of natural justice have been included in Section 127 of the Act yet were not complied with.
The Supreme Court in case of Ajantha Industries (supra) set aside the transfer orders in case where reasons for transfer were available on record but were not communicated to the assessee. It is not the case of
[2025:RJ-JP:12240-DB] (3 of 3) [CW-2360/2024] the department that reasons were ever recorded. Be that as it may, no opportunity of hearing was granted to the petitioner. The impugned order dated 17.11.2017 qua petitioner and proceedings consequent thereto are quashed.
The writ petition is allowed.
The department shall be at liberty to proceed in accordance with law.”
The present petition is disposed of in the same terms. (MANEESH SHARMA),J (AVNEESH JHINGAN),J SAHIL SONI /182
More judgments on Section 127
- Radhakishan Potharajula, Karim Nagar vs ITO (Int Taxn)-2, HyderabadITA 2340/HYD/2025[2016-17]Status: Disposed16 Oct 2026AY 2016-17
- Kishor Kumar Aggarwal, Gurgaon vs ACIT-Central Circle-30- Delhi., DelhiITA 2305/DEL/2026[2020-21]Status: Disposed7 Oct 2026AY 2020-21
- Kishor Kumar Aggarwal, Gurgaon vs ACIT-Central Circle-30, DelhiITA 2304/DEL/2026[2019-20]Status: Disposed7 Oct 2026AY 2019-20
- Chenna Narayana Chakka, Hyderabad vs ITO, Ward 6(1), HyderabadITA 1944/HYD/2025[2014-15]Status: Disposed30 Sept 2026AY 2014-15
- Chenna Narayana Chakka, Hyderabad vs ITO, Ward-6(1), HyderabadITA 1943/HYD/2025[2013-14]Status: Disposed30 Sept 2026AY 2013-14
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