Ajit Kumar Jindal v. Union Of India And ORS

OD -4 ORDER SHEET WPO/688/2023

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE AJIT KUMAR JINDAL VS UNION OF INDIA AND ORS.

BEFORE:

The Hon'ble JUSTICE MD. NIZAMUDDIN Date: 30th March, 2023.

Appearance:

Mr. Subir Banerjee, Adv.

...For the Petitioner Mr. Aryak Dutt, Adv.

...For the Respondents The Court: Heard learned counsel appearing for the parties. Petitioner has filed this writ petition challenging the impugned order of transfer of his income tax file from Kolkata to Pune by order dated 31st October, 2022, under Section 127 of the Income Tax Act, 1961 on the ground that before passing the aforesaid impugned order his objection to the show cause notice was not considered and disposed of. Petitioner further submits that after passing of the aforesaid impugned order of transfer he has made several representations against such transfer and last such representation made on 4th January, 2023 which appears at page 26 being annexure P-8 to the writ petition.

Considering the facts and circumstances of this case and submission of the parties, this writ petition being WPO 688 of 2023 is disposed of by directing the respondent Authority concerned to consider and dispose of the aforesaid representation dated 4th January, 2023 in accordance with law and by passing a reasoned and speaking order after giving opportunity of

hearing to the petitioner or his authorised representative, within a period of eight weeks from the date of communication of this order. If petitioner in course of hearing is able to satisfy the respondent Authority concerned, in that event respondent Authority concerned shall drop the aforesaid impugned order of transfer. (MD. NIZAMUDDIN, J.) TR/