
The petitioner, a Non-Resident Indian (NRI) living in Dubai, challenges the transfer of his income tax case from Mumbai to New Delhi under Section 127 of the Income Tax Act, 1961. The transfer was initiated for coordinated investigation following search operations involving individuals linked to the petitioner. The petitioner claims the transfer lacks legal justification, asserting that the move was intended to harass him. Despite objections, the transfer was confirmed, leading to multiple tax notices and penalties. The High Court deliberates on the legality of this transfer and the subsequent proceedings.
Introduction and Background:
Legal Proceedings and Petitioner’s Grievance:
Respondent’s Position and Justifications:
Subsequent Developments:
Court’s Deliberation:
Conclusion and Decision:
Case Title: Rajiv Saxena Versus Commissioner Income Tax (IT)-4 & Anr.
Citation: 2024 Lawtext (BOM) (8) 263
Case Number: WRIT PETITION NO. 3894 OF 2022 WITH INTERIM APPLICATION (LODG.) NO. 30757 OF 2022 IN WRIT PETITION NO. 3894 OF 2022
Date of Decision: 2024-08-26