The Kalna Town Co-Operative Bank Limited & Anr v. Assistant Commissioner, Income Tax, Circle – 1, & Ors

29.06.2022. p.b.Sl. No.7. W.P.A. 10969 of 2022 The Kalna Town Co-operativeBank Limited & Anr. Vs.Assistant Commissioner, Income Tax,Circle – 1, & Ors. Mr. Rajeev Kumar Agarwal,Mr. R. Chatterjee. ……..for the petitioners. Mr. S. Roy Chowdhury,Mr. Soumen Bhattacharya. ……..for the respondents. Heard learned advocates appearing for the parties.By this writ petition, petitioner has challenged theimpugned assessment order dated 29[th] March, 2022 underSection 147 read with Section 144 of the Income Tax Act,1961 relating to the assessment year 2017-18 and also thenotice dated 25[th] March, 2021 under Section 148 of theAct, on the ground that the same are bad in law for thereason that the aforesaid impugned notice and assessmentorder have been passed in a PAN being No.AACCT1533Gwhich has been surrendered long back on 22[nd] May, 2009and thereafter all the returns were filed and assessmentswere made under new PAN being No.AABATT6875E andpetitioner files the copies of the returns and assessmentorders relating to several assessment years from 2012-13onwards which may be kept with the record. Mr. Roy Chowdhury, learned advocate appearing forthe respondent Income Tax authority is not in a position todeny the allegation and contradict the admitted facts asappears from record that the impugned notice underSection 148 and assessment order under Section 147 ofthe act have been passed in a wrong PAN number which isnot in existence and not only that the assessing officer inthe impugned assessment order has wrongly recorded thatIncome Tax Return for the assessment years 2013-14,2014-15 has been filed the old PAN number which is notin existence and has been surrendered long back and itshows total non-application of mind by the assessingofficer. Considering the submission of the parties, theimpugned notice under Section 148 of the Income Tax Act,1961 dated 25[th] March, 2021 and the subsequentassessment order dated 29[th] March, 2022 are quashed.However, quashing of the aforesaid notice and theassessment order will not prevent the assessing officer toinitiate any fresh proceeding in future in accordance withlaw. With this observation and direction, this writpetition being WPA No.10969 of 2022 stands disposed of. (Md. Nizamuddin, J.)