Delhi High Court notice to Central government on transfer of Income Tax Officers

The Delhi High Court recently issued notice to the Central government on three petitions challenging an order by which more than 80 officers holding the rank of Income Tax Commissioners or Directors of Income Tax were transferred (Cobol Technologies Pvt Ltd v UOI and Anr)..The petitions had argued that an office order was issued on October 8, 2021 by which the officers were transferred with immediate effect, even though some of them were serving as Members of the Adjudicating Authority for Prohibition of Benami Property Transactions Act, 1988. These transfers, the petitions argued, had been done without considering the fact that many of these officers had reserved judgments in several cases.Appearing for one of the petitioners, Senior Advocate Sidharth Luthra said that this was not the first time the Centre had ordered a sudden transfer of officers. Even in February, the judgment was reserved by a member of the Adjudicating Authority, yet the officer was transferred and the matter before that officer had to be argued again..Justice Rekha Palli heard the matters on Tuesday and issued a notice which was accepted by Central government standing counsel Nidhi Raman. The Court gave her two weeks to obtain instructions and file a reply, and asked for a list of the matters in which the members had reserved judgments before being transferred.“In its reply, the respondent will also give a comprehensive list of the matters in which judgment has been reserved by the then incumbent officers holding the post of Member, Adjudicating Authority under the Prohibition Benami Property Transactions Act, 1988,” Justice Rekha Palli ordered.The Court further said that if the cases are listed for arguments before the Adjudicating Authority prior to the next hearing date, then it will be open to the petitioners to seek adjournments to wait for the outcome of these petitions. The Court added that if such a request is made, it has to be considered favourably by the Authority.The cases will next be heard on December 22..[Read Order]