Samreen Shafi Chattabal Channa Mohalla Vs ITO (ITAT Amritsar)
ITAT Amritsar held that because of wrong allotment of two PANs, assessee cannot be set as a non-filer or undeclared of tax in the return of one PAN as income duly declared via other PAN. Matter remanded back.
Facts- The assessee is possessing two Permanent Account Numbers (PAN) bearing number AHCPS0377H (‘old PAN’) and bearing number EAHPS5244B (‘new PAN’).
The assessee filed the return in the old PAN, AHCPS0377H for the impugned assessment year. In the HDFC Bank the assessee submitted the new PAN, number EAHPS5244AB. Accordingly, the ld. AO got the information and completed the assessment on basis of the new PAN, u/s 144 and the addition was determined on 8% net profit u/s 44AD related to deposit Rs.12,20,26,670/- which works out to Rs.97,62,133/- and amount of Rs.1,90,15,570/- deposited cash in bank account during the demonetisation. Accordingly, the addition was confirmed amount to Rs.97,62,133/- and Rs.1,90,15,570/- which works out the total amount of Rs.2,87,77,703/- U/s 69 of the Act.
Aggrieved assessee filed an appeal before the ld. CIT(A). The ld. CIT(A) upheld the order of the ld. AO. Being aggrieved, the present appeal is filed by the assessee.
Conclusion-
It is fact that the assessee was allotted two PANs. But the assessee cannot be set as a non-filer or undeclared of tax in the return. The assessee is regularly filing the return and declared the income in old PAN. The issue was agitated before the ld. AO. The ld. AO had not taken any such cognizance about the submission of the assessee in the assessment order. The same issue was also placed before the ld. CIT(A). But without considering the submission of assessee the addition was confirmed. In fact, that the assessee had made a wrong allotment of two PANs. But assessee never concealed his income or turnover before the revenue authorities.
We find that the issue should be further adjudicated by the revenue authorities. Accordingly, we set aside the appeal order & remit back the matter to ld. AO for further adjudication de novo considering the issue indicated above.
FULL TEXT OF THE ORDER OF ITAT AMRITSAR
