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Case Law Details

Case Name : Tribeni Barters Private Limited Vs ITO (Calcutta High Court)
Appeal Number : WPO/1412/2023
Date of Judgement/Order : 02/05/2023
Related Assessment Year : 2013-2014
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Tribeni Barters Private Limited Vs ITO (Calcutta High Court)

Introduction: In the case of “Tribeni Barters Private Limited And Vs ITO (Calcutta High Court)”, a significant issue has come to the forefront concerning the validity of an assessment order. The contention is that the PAN number cited in both the show cause notice and the assessment order does not correspond to that of the petitioner. This raises questions about procedural accuracy and the legitimacy of the assessment conducted.

Analysis: The heart of the dispute revolves around:

1. Incorrect PAN: The show cause notice, as well as the impugned assessment order both, referenced a PAN number that was not associated with the petitioner, Tribeni Barters Pvt. Ltd.

2. Amalgamation Discrepancy: While proceedings were initially initiated against Kapish Sales Pvt. Ltd., it’s alleged that this company merged into Tribeni Barters. However, there’s contention regarding whether Kapish Sales, with the cited PAN number, ever underwent an actual merger with the petitioner company.

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