OMASSERY MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. NO.D80 vs. THE INCOME TAX OFFICER
What did the High Court hold?
The High Court of Kerala quashed the notice (Ext.P4) issued under Section 148A of the Income Tax Act, 1961. The reasoning was that the notice was issued based on a PAN which incorrectly identified the petitioner as a firm, contrary to their actual status as a co-operative society. The Court held that this misidentification rendered the notice invalid. The operative direction was to quash the notice, while explicitly allowing the respondent department to initiate fresh proceedings in accordance with law. Additionally, the Court directed the competent authority to decide on the petitioner's request for cancellation of the earlier, erroneous PAN within three months of receiving a certified copy of the judgment.
What were the facts?
The petitioner, Omassery Milk Producers Co-operative Society Ltd., filed a writ petition before the High Court of Kerala. They were aggrieved by a notice (Ext.P4) issued under Section 148A of the Income Tax Act, 1961, for assessment year 2018-2019. This notice was issued based on a Permanent Account Number (PAN) that incorrectly identified the petitioner as a firm, rather than a co-operative society. The petitioner had previously applied for the cancellation of this erroneous PAN (Ext.P2) and had been issued a new PAN correctly reflecting their status. The respondent department had no instructions regarding the action taken on the cancellation request.
What were the issues?
1. Whether the notice issued under Section 148A of the Income Tax Act, 1961, is liable to be quashed when it is based on an incorrect PAN that misrepresents the assessee's status as a firm instead of a co-operative society? The assessee argued that the notice (Ext.P4) was fundamentally flawed as it was issued based on an incorrect PAN which wrongly classified them as a firm. They had already rectified this by obtaining a new PAN reflecting their correct status as a co-operative society and had requested the cancellation of the erroneous PAN. The revenue, through its standing counsel, stated they had no instructions on the action taken regarding the cancellation of the earlier PAN. However, they conceded that the notice issued under the incorrect PAN might be quashed, reserving their right to issue a fresh notice in accordance with law.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
judgment. The writ petition is disposed of as above. GOPINATH P. JUDGE RMV
W.P. (C) No. 36861 of 2022 ..5.. APPENDIX OF WP(C) 36861/2022 PETITIONER EXHIBITS Exhibit P1OF THE ASSESSMENT ORDER DATED 27.12.2019 PASSED FOR THE ASSESSMENT YEAR 2017-18. Exhibit P2OF THE COMPLAINT LODGED THROUGH THE PETITIONER'S CHARTERED ACCOUNTANT DATED NIL Exhibit P3OF THE ACKNOWLEDGEMENT DATED 31.5.2022. Exhibit P4OF THE NOTICE DATED 24.3.2022 FOR THE ASSESSMENT YEAR 2018-19. RESPONDENTS' EXHIBITS:NILP.A.TO JUDGE
More judgments on Section 148A
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- Nitinbhai Nanalal Badani, Rajkot vs CIT (Appeals), National Faceless Appeal…ITA 658/RJT/2025[2020-21]Status: Disposed19 Oct 2026AY 2020-21
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