TMI Blog2023 (6) TMI 1290X X X X Extracts X X X X X X X X Extracts X X X X ..... d their returns under the new PAN. The perusal of the notice also indicates that the Respondent No. 1 has failed to acknowledge the correspondence by the Petitioner with the Respondent No. 1. It was the duty of the Respondent No. 1 to have examined and verified the contentions of the Petitioner in respect of cancellation of the old PAN and the returns filed under the new PAN before the issuance of the impugned Order and the impugned notice. A failure of duty of Respondent No. 1 has led to filing of this Petition which in our view could be easily avoided along with its cascading effect on the Courts which are already overburdened. This is yet another in the case of Bhavna Steel v ITO-5(1)(1) [ 2023 (6) TMI 402 - BOMBAY HIGH COURT] whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able as Association of Persons but the person in charge at the relevant time i.e. on the formation of society, had applied for PAN as a Trust under the name style of Balkrishna R. Gawde Mandai Vyapari Premises Co-operative Society Ltd. It was on account of an ex-parte assessment order dated 28th December 2018 for the year AY 2011-12 whereby a demand of 3,80,96,940/- was raised ₹ 3,80,96,940/- was raised (on the entire corpus of (on the entire corpus of ₹ 3,80,96,940/- was raised (on the entire corpus of 618,25,500/- received on account of redevelopment of the Municipal Market), that the Petitioner realised the mistake and applied for a new PAN on 1st September 2019. A new PAN bearing no. AAGAK1258D (new PAN) was allotted to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no. 1 by letter dated 11th February 2023 and lodging the request on the income tax portal, a show cause notice u/s 148A(b) dated 12th February 2023 for AY 2019-20 came to be issued to the Petitioner on the basis of time deposit of 2,56,14,097 ₹ 3,80,96,940/- was raised (on the entire corpus of with the Punjab National Bank formerly known as United Bank of India. In response the Petitioner once again tendered explanations and uploaded annexures in support thereof, on the income tax portal and inter alia contended that there were no new time deposits in AY 2019-20 and all the deposits and interest thereon, were already disclosed in the return of income filed under the new PAN. These contentions of the Petitioner were rejected and pursua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondents ought to prominently display the steps for cancellation of a PAN on their website apart from sending a link for cancellation in the covering letter when a PAN is provided to an assessee. 8. In the absence of any clear answer to the query and any clear stand of the department, we are prima facie of the view that the Petition deserves to be allowed without further procrastination. We deem it fit to pass the following order - 1. The impugned order u/s 148A(d) dated 29th March 2023, issued by Respondent No. 1 for AY 2019-20 and notice u/s 148 dated 31st March 2023 are quashed and set aside; 2. Respondent No.1 is directed to cancel the old PAN viz. PAN AABTB6263H in accordance with law and assess/reassess the Petitioner f ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
