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Case Law Details

Case Name : Mavoor Gramasree Vanitha Sahakarna Sangha Vs CIT (Kerala High Court)
Appeal Number : WP(C) No. 1328 of 2024
Date of Judgement/Order : 17/01/2024
Related Assessment Year :
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Mavoor Gramasree Vanitha Sahakarna Sangha Vs CIT (Kerala High Court)

Introduction: The case of Mavoor Gramasree Vanitha Sahakarna Sangha vs. CIT, heard in the Kerala High Court, dealt with the appealability of an income tax assessment order passed on an old PAN despite the issuance of a new PAN.

Detailed Analysis: Mavoor Gramasree Vanitha Sahakarna Sangha, a cooperative society, received a notice under Section 148 of the Income Tax Act concerning its old PAN for the assessment year 2018-19. Although the society had surrendered the old PAN and obtained a new one, it faced proceedings and an assessment order under the old PAN. The assessment order treated a sum as unexplained money under Section 69A.

The petitioner argued its inability to file an appeal due to the surrender of the old PAN. However, the Revenue contended that both the old and new PANs were active, with transactions made under the old PAN even after the issuance of the new one.

The Court considered instructions from the Principal Commissioner of Income Tax, confirming the active status of both PANs. It directed the petitioner to file an appeal against the assessment order using the old PAN. The petitioner was instructed to register in the e-filing portal using the old PAN for further proceedings.

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