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2015 (12) TMI 1077

Existence of partnership firm - AOP - PAN issued - Held that:- The insistence of the Department, however, on the firm filing return since the PAN was issued on the name of the firm does not appear to be valid. Even according to the Department, no such partnership firm existed. Merely because PAN was issued by the Department erroneously, there cannot be any insistence that return should be filed in the same capacity. Erroneous description in the PAN would not change the reality that no such partn .....

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Mall and is engaged in managing the Mall. Being an association of persons, according to the petitioners, the income generated from such activity would be proportionately divided among its members in their individual capacity. Petitioner No.1 applied for grant of PAN Card on 19.01.2015. Unfortunately, though on the request for issuance of PAN in the name of AOP the Department erroneously issued PAN in favour of partnership firm, the petitioner did not take any steps to get the PAN corrected for a .....

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come in the status of firm which may please be appreciated. Sir, the assessee filed his Return of Income as a firm as the coparceners of the AOP were not given the due credit of T.D.S. deducted against their proportionate income of AOP offered for taxation in their returns of individuals and to respond the letters of assessing officer, ward-4 which were issued to the assessee being a 'NON-FILER' of the same. Sir, the status of Return of Income filed by the respective coparceners of the A .....

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nership deed, no such firm existed during the relevant period. Further, it is also observed that the returns filed in the capacity of AOP as well as the firm for the A.Yrs.2009-10 to 2011-12 have been filed belatedly and therefore it is not possible to process the returns of the AOP and the firm as the same are already time barred. Therefore, no action can be taken with regard to the income tax return filed in the hands of AOP and firm for the A.Yrs 2009-10 to 2011-12. 4. However, the ITR filed .....

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that in absence of necessary correction in PAN, the Department is insisting that the firm should file returns when no firm ever existed and the members of AOP are denied the benefit of TDS by the income tax authorities. 6. On the other hand, counsel Mr.Sudhir Mehta for the Department opposed the petition contending that for years together the petitioners did not take any steps for getting the PAN corrected. Valsad Commissioner had no authority to grant relief under section 119 of the Act. In any .....

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any inaccuracy, the petitioners ought to have got it corrected within a reasonable time. For the first time in the year 2014, the petitioners applied to the Commissioner for giving suitable directions. This is not a case where the hardship can be removed under section 119 of the Act. In the Division Bench judgment of this Court in the case of Jay Vijay Express Carriers (supra), while giving suitable directions for entertaining an application belatedly filed, following observations were made to s .....

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vehemently contended before us by the counsel for the Revenue, convince us to hold that filing of revised return beyond limitation lacked bona fides. " 9. The insistence of the Department, however, on the firm filing return since the PAN was issued on the name of the firm does not appear to be valid. Even according to the Department, no such partnership firm existed. Merely because PAN was issued by the Department erroneously, there cannot be any insistence that return should be filed in th .....

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