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SLP dismissed as petitioner being daughter-in-law was living at residence of her in-laws in Meerut and said premises was covered under search and seizure operations and petitioners case was ordered to be transferred from Kanpur to Meerut for integrated assessment and the transfer order stated that in above search operations

SUPREME COURT OF INDIA

 

Special Leave to Appeal (C) No. 2393 of 2015.

 

Preeti Elhence...............................................................................Appellant.
Vs.
Commissioner of Income Tax ......................................................Respondent

 

Ranjan Gogoi & Navin Sinha, JJ.

 
Date :May 1, 2017.
 
Appearances

Tanmaya Agarwal, Adv. For the Petitioner.
Tushar Mehta, ASG, Rajat Nair, Mrs. Anil Katiyar and Ritesh Kumar, Advs. for the Respondent.


Section 127 read with section 132 and 153C of the Income Tax Act, 1961 — Income Tax authorities—SLP dismissed as petitioner being daughter-in-law was living at residence of her in-laws in Meerut and said premises was covered under search and seizure operations and petitioners case was ordered to be transferred from Kanpur to Meerut for integrated assessment and the transfer order stated that in above search operations, cash amount was found from petitioner's room and same was seized and the High Court held that such reason could not be said to be irrelevant or not germane to issue and that was valid and cogent reason — Preeti Elhence vs. Commissioner of Income Tax.


JUDGMENT


1. Heard the Learned counsels for the parties & perused the relevant material.

2. Exemption from filing O.T. is granted.

3. We do not find any legal and valid ground for interference. The Special Leave Petition is dismissed. However, we make it clear that any observation(s) in the order of the High Court affirming the transfer of the proceedings from Kanpur to Meerut wilinot affect the adjudication of the appeal filed by the Assessee on merits which is stated to be pending before the concerned Appellate Authority. It will, naturally, be open for the Assessee to raise all contentions as may be available to her in law before the Appellate Authority.

 

[2017] 248 TAXMAN 82 (SC)

 
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