Mallikarjun Souhard Sahakari Niyamit Vs ITO (ITAT Bangalore)
Bangalore ITAT Restores Assessment Made Under Old PAN Despite Return Being Filed Under New PAN
The assessee, a cooperative society registered under the Karnataka Cooperative Societies Act, initially obtained a PAN in the status of an Artificial Juridical Person. It subsequently obtained a new PAN with the status of an Association of Persons, began filing returns under the new PAN from AY 2013-14 and applied for cancellation of the old PAN.
For AY 2018-19, the assessee filed its return under the new PAN. However, since certain transactions were reflected under the old PAN and no return had been filed against that PAN, reassessment proceedings were initiated. Despite the assessee producing the return filed under the new PAN and its earlier request for cancellation of the old PAN, the AO made additions under sections 69A, 69 and 69C, principally because the old PAN remained active. The CIT(A) confirmed the additions.
The ITAT noted that the jurisdictional AO’s own report acknowledged that the assessee had filed its return under the new PAN. The principal issue was therefore the continued activation of the old PAN and whether the transactions recorded against it had already been accounted for in the return filed under the new PAN.
