Reopening Assessment u/s 147 of Income Tax Act Quoting Wrong PAN: Calcutta HC orders to Produce Relevant Records [Read Order]
![Reopening Assessment u/s 147 of Income Tax Act Quoting Wrong PAN: Calcutta HC orders to Produce Relevant Records [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Reopening-Assessment-Income-Tax-Act-Wrong-PAN-PAN-Calcutta-High-Court-orders-to-Produce-Relevant-Records-Calcutta-High-Court-Taxscan.jpg "Reopening Assessment u/s 147 of Income Tax Act Quoting Wrong PAN: Calcutta HC orders to Produce Relevant Records [Read Order]")
The Calcutta High Court ordered to produce relevant records as reopening of assessment under Section 147 of the Income Tax Act, 1961 was made after quoting wrong PAN number. By the writ petition, the petitioner, Tribeni Barters Private Limited and Anr, has challenged the impugned assessment order under Section 147 read with Section 144B of the Income Tax Act, 1961, relating to assessment...
The Calcutta High Court ordered to produce relevant records as reopening of assessment under Section 147 of the Income Tax Act, 1961 was made after quoting wrong PAN number.
By the writ petition, the petitioner, Tribeni Barters Private Limited and Anr, has challenged the impugned assessment order under Section 147 read with Section 144B of the Income Tax Act, 1961, relating to assessment year 2013-14 on several grounds including the ground that the PAN number referred in the show cause notice and in the impugned assessment order is not petitioner’s PAN number and further that petitioner could not get any opportunity and scope to respond to any notice under Section 148A(b) of the Income Tax Act if at all it was issued.
The question arises in this case relates to issue of a show cause notice issued in the name of the petitioner, Tribeni Barters Pvt. Ltd. and impugned order under Section 147 of the Income Tax Act passed against the petitioner again quoting the same PAN number which is not of the petitioner.
Smita Das De, advocate who appeared for the respondent submitted that initially proceeding was initiated in the name of one Kapish Sales Pvt. Ltd. which has been merged into the petitioner company by amalgamation and it has already been approved by NCLT.
Abhratosh Majumder, senior advocate further argued the point that even if the petitioner according to the department has merged into the shoe of the aforesaid Kapish PAN number of which has been referred in the impugned notice and assessment order, the said Kapish having the said PAN number has never merged into the petitioner company.
A Single Judge Bench of Justice Md Nizamuddin observed that “Ms. Das De appearing for the respondent shall produce the relevant record particularly notice under Section 148A(b) of the Income Tax Act and order under Section 148A(d) of the Income Tax Act and all correspondences during the impugned proceeding. List this matter on 10th August, 2023 to enable Ms. Das De to produce the relevant records.”
To Read the full text of the Order CLICK HERE
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