TMI Blog2022 (9) TMI 1380X X X X Extracts X X X X X X X X Extracts X X X X ..... ry clear that the petitioner is having an opportunity of explaining his stand, in the proceeding initiated pursuant to the notice under Section 148 of the I.T. Act. In fact no prejudice is caused to the petitioner by the acts of the respondents, if any. Having regard to the above, the petitioner can explain his stand to the authorities by making an application, if not already made, within a period of four (4) weeks from today, more particularly, with regard to the substantial amount lying in the account, with the PAN number AACFV4149H. Accordingly, the writ petition is disposed of. There shall be no order as to costs. - Writ Petition No.16242 of 2022 - - - Dated:- 12-9-2022 - HON BLE SRI JUSTICE C. PRAVEEN KUMAR AND HON BLE SRI JUSTI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same was AACFV4149H. One of the partners by name M. Ramachandra Sastry expired on 12.12.2001, as such, the partnership firm was dissolved and thereafter it ceased to exist. Subsequent to dissolution of Visakha Gas Agency, the deponent herein operated the Visakha Gas Agency, as a Proprietary concern and filed Income Tax Returns as Proprietor of Visakha Gas Agency with PAN Number AAFPI4915D, from the Assessment Year 2002-03 till Assessment Year 2013-14. (b) On 01.04.2013, a new partnership firm was constituted in the same name of two partners i.e. deponent herein and one Malladi Gopalakrishna vide partnership dated 01.04.2013. This new firm was at a different place with PAN Number AAMFV0980C. The firm has been filing its returns regu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the counter that prior to issuance of such notice, a Show Cause Notice under Clause (b) of Section 148A of the I.T. Act dated 21.03.2022 was issued, calling upon the petitioner to submit his explanation with regard to deposits made in the bank account and as to why a notice under Section 148 of the I.T. Act should not be issued on the basis of the information available with the department. The petitioner was asked to reply on or before 28.03.2022. (b) In so far as, service of notice under Clause (b) of Section 148A of the I.T. Act is concerned, it is categorically stated in the counter that the same could not be served on the assessee by mail, as the e-mail has not been updated by the assessee, which he should have done. It is furt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as per ITBA records. 4. Sri A. Prabhakara Sarma, learned counsel for the petitioner strenuously contends that no order can be passed against the firm, which is not in existence/dissolved, more so, when intimation about the same was given to the respondents. He further submits that the procedure as required for issuance of notices and order under Section 148A(d) of I.T. Act are not in accordance with law. He further submits to set aside the above mentioned three documents mainly on the ground that the three documents were not received by the petitioner firm and that the address mentioned in the Show Cause Notice relates to old firm and that the same were not sent to the correct address of the petitioner. He further submits that the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, the petitioner failed to file Returns of the Income for the year under consideration. 7. Further, the petitioner was given an opportunity of hearing by issuing a Show Cause Notice under Section 148A(b) of the I.T. Act, requesting the Assessee to submit necessary evidence in support of his claim. It was further stated that if the petitioner fails to submit his explanation, the authority will be constrained to proceed with the proceedings under Section 148(d) of the I.T. Act on the basis of the documents available. It is to be noted here that the said Show Cause Notice was issued in respect of PAN Number AACFV4149H, which according to the petitioner was dissolved in the year 2001 itself and intimated to the authorities itself. (no pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment year 2015-16, we are not in agreement with the same for the reason that the bank account with old PAN Number AACFV4149H is being operated in State Bank of Hyderabad, Murali Nagar Branch, which relates to alleged dissolved firm. The amount laying in the bank account was said to be around Rs.Ten Crores, in respect of which, TDS was also deducted under Section 194C. That being the position, it is not be proper to say that the authorities erred in issuing the notice. Further, if really the firm was dissolved and the account was not in operation, the deponent ought to have surrendered his PAN Number, which is mandatory. Hence, the first relief sought by the petitioner, is hereby rejected. 11. Coming to the second issue, which relates to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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