Mere Citing of Different PAN by Assessee and Assessing Officer Cannot be Ground for Dismissal of Appeal: ITAT [Read Order]

The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has held that mere citing of different Permanent Account Number (PAN) by the assessee and assessee officer could not be a ground for dismissal of appeal. 

The Assessing Officer issued notice under Section 148 of the Income-tax Act, 1961 on receipt of the information from the Investigation Wing about the banking transactions carried out through one bank account in the name of assessee, Maneken Keshvalla Patel,

maintained with ICICI bank. In response, the assessee filed a return of income and submitted that the assessee was issued notice under Section 148 of the Income Tax Act on wrong PAN, AICPP1497J.

Whereas, the assessee was already filing return of income against PAN ALFPP7410D . The Assessing Officer thereafter issued notice under section 142(1) of the Income Tax Act however, the same was not responded to by the assessee.

The Assessing Officer also issued a final show cause notice on 17/12/2018 and passed the final assessment order on 20/12/2018 under section 147 read with section 143(3) of the Income Tax Act and added the deposits as unexplained cash credit under Section 68 of the Income Tax Act.

Mehul Talera,who appeared on behalf of the assessee submitted that the assessee was regularly filing its return of income under the PAN ALFPP7410D and assessee had duly intimated shifting of address from Mumbai to Gandhi Nagar, therefore, the notice underSection 148 of the Income Tax Act based on the reasons recorded that the assessee did not file any return of income, was invalid.

He further submitted that the assessee had already filed detailed information in respect of the banking transaction of the deposit and transfer of money.

Richa Gulati, on behalf of the revenue, relied on the order of the lower authorities. 

The two-member Bench of OM Prakash Kant (Accountant Member) and Kavitha Rajagopal (Judicial Member) observed that the Commissioner of Income Tax Appeal (CIT(A)) has held that the appeal was not maintainable mainly for the reason that appeal had been filed by the assessee citing the PAN No. ALFPP7410D, which the assessee was using for filing its regular return of income.

The Bench allowed the appeal, holding that the appeal could not be dismissed merely for the reason that PAN cited in the appeal was different from the PAN cited by the Assessing Officer in the assessment order.

To Read the full text of the Order CLICK HERE

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