13 October 2007
Due to shifting of its regd. office from city "A" to city "B", a limited company, applied to the Commr. of Income Tax in city "A" for transferring all its files and records to city "B". Both the cities "A" and "B" are situated in different states. The company has no pending cases like special invetigation, seizure, assessments reopened, etc. The company started filing its return in the new place namely city "B" and also completed assessment for some years and obtained refund in one year. One appeal case is also pending before the Dept. in city "B". In this situation, on the return filed in Nov 2006 for the assessment year 2006-07, the assessing officer in original place i.e. city "A", has sent a notice to the co. u/s 143(2) asking the co. representative to attend his office seeking information like documents, accounts, etc., in support of the return filed. Can the co. reply to AO in city "A", stating that since the files are already transferred to city "B", it cannot appear in city "A" as it also involves costs, money and time? Is there is any dept. circular or instruction which can be cited in support of this? If so, how should this be done? I request the experts in the forum to guide. Thanks.
15 October 2007
No order recived u/s 127. But income tax assessments have been completed in city "B" after shifting of regd office from "A" to "B". It was assumed that by completing susbsequent assessments, it was implied that files are transferred.
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