Search Results Page

Search Results

1 - 9 of 9 (0.32 seconds)

Ajantha Industries And Ors vs Central Board Of Direct Taxes,New Delhi ... on 5 December, 1975

14. Laying stress on the decision in the case of Ajantha Industries' case [1976] 102 ITR 281 (SC), learned counsel for the petitioner has contended that the requirement of recording" reasons under Section 127(1) of the Income-tax Act, 1961, for the transfer of a case from one Income-tax Officer to another is a mandatory direction under the law and non-communication thereof to the assessee is not saved by showing that the reasons exist in the file although not communicated to the assessee. Recording of reasons and disclosure thereof are not a mere idle formality. When law requires reasons to be recorded in a particular order affecting prejudicially the interests of any person, who can challenge the order in court, it ceases to be a mere administrative order and the vice of violation of the principles of natural justice on account of omission to communicate the reason is not expiated. Hence, it is submitted that the order impugned be quashed.
Supreme Court of India Cites 16 - Cited by 208 - P K Goswami - Full Document
1