Calcutta HC: Assemble Relevant Data as Reopening of Assessment U/S 147 Mentioning Incorrect PAN

Due to an incorrect PAN number being used when reopening an assessment under Section 147 of the Income Tax Act of 1961, the Calcutta High Court ordered the production of pertinent data.

Tribeni Barters Private Limited and Anr have filed a writ petition to challenge the impugned assessment order under Section 147 read with Section 144B of the Income Tax Act, 1961, relating to the assessment year 2013–2014 on a number of grounds, including the claim that the Permanent Account Number referenced in the show cause notice and the impugned assessment order is not the petitioner’s PAN number and that the petitioner was denied the opportunity and scope to answer any notice under section 148A(b) of the Income Tax Act if at all it was issued.

The problem in this matter is the issuance of a show cause notice in the name of the petitioner, Tribeni Barters Pvt. Ltd. and the impugned decision under Section 147 of the Income Tax Act passed against the petitioner again using the same PAN number, which is not the petitioners.

According to Smita Das De, a lawyer who represented the respondent, the first process was started in the name of Kapish Sales Pvt. Ltd., which has since been amalgamated with the petitioner business and has already received NCLT approval.

Senior attorney Abhratosh Majumder further argued that even though the department claimed the petitioner had merged into the shoe of the aforementioned Kapish, whose PAN number was mentioned in the contested notice and assessment order, the aforementioned Kapish, who possessed the aforementioned Permanent Account Number, had never done so.

A Single Judge Bench of Justice Md Nizamuddin witnessed that Ms Das De appearing for the respondent would produce the appropriate 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 the case dated 10th August, 2023 to enable Ms. Das De to create the pertinent records.