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Supreme Court of India 2016-10-21 allowed

Noorul Islam Educational Trust vs Commissioner of Income Tax-I and others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court ruled on whether an income-tax assessment file could be transferred from an Assessing Officer in Tamil Nadu to one in Kerala without formal agreement between the two jurisdictional Commissioners of Income Tax. The Court held that Section 127(2)(a) of the Income Tax Act, 1961 requires an explicit agreement between the Commissioners when transferring cases across jurisdictions. Mere absence of disagreement does not satisfy this requirement. Since the Revenue failed to produce evidence of such formal agreement, the Court set aside the High Court's order upholding the transfer and allowed the appellant's appeal.

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Income Tax Jurisdiction Transfer of Cases Administrative Procedure

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