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Facts
The assessee, Kailash Brick Traders, is aggrieved by an assessment order that included additions based on cash deposits and alleged undisclosed income. The case involves the assessee being issued two PAN numbers, one operational and one non-operational, and the assessment proceedings being initiated under the non-operational PAN.
Held
The Tribunal noted that the issue revolved around the multiple PAN numbers issued to the assessee and the initiation of proceedings under a non-operational PAN. Finding it just and fair to re-examine the entire issue, the Tribunal set aside the impugned order.
Key Issues
Whether the assessment proceedings initiated under a non-operational PAN are valid, and if the additions made are justified, especially in light of multiple PANs issued to the assessee.
Sections Cited
253, 250, 144, 69, 68, 246A, 142(1), 69A
AI-generated summary — verify with the full judgment below
8 record document relating to firm called “Kailash Brick Traders” like partnership deed, Dissolution Deed if any. The entire issue revolves around PAN Numbers and in the ultimate analysis it is noticed that in allthere are total 3 PAN Nos (supra). It was contended that the matter be remanded back to the file of CIT(A) for correct determination of income on real time basis as in PB nothing is shown save and except return of income for A.Y. 2017-18. No documents, papers etc. in support of the contention for purposes of real determination of income are there in paper book. Real nature of income is unexplainable and is required to be determined and computed finally in accordance with law.
Observations, findings & Conclusions 4.1 We now have to examine legality, validity and proprietary of the impugned order basis record of the case and rival contentions / submissions canvassed before us during the course of hearing.
4.2 We are of the considered view that how assessee Kailash Brick Traders have been issued two PAN Nos. i.e one operational PAN No. [AADFK9113H] and another non operational PAN No. [AAEFK9376R]. If two PAN No’s are issued to the assessee which is a known fact to 9 the assessee then nothing is placed on record to establish till date that out of two, one is cancelled / withdrawn. Be that as it may we are of the considered view basis contentions advanced before us now that it would be just, fair and convenient and in the interest of justice the entire issue be relooked by CIT(A) a fresh on denovo basis. We are restraining ourself’s from making any comments on merits of the case as we do not intent to prejudice the mind of anyone. Suffice to say we have minutely and carefully examined the Records of the case including ROI filed before the Ld. CIT(A) (page 1 to 47 of paper book).
4.3 In the premises drawn up by this Tribunal as aforesaid we set aside the impugned order and remand the case back to the file of CIT(A) to examine the issue afresh on denovo basis and pass a fresh order on merits of the case which should be a reasoned order one. The assessee is directed to produce all the relevant papers, documents pertaining to assessee firm for proper adjudication of first appeal which should be decided by Ld. CIT(A) as expeditiously as possible preferably with in six months from date of receipt of this order.
10 5. Order 5.1 The impugned order is set aside as and by way of remand back to the file of CIT(A) on denovo basis.
5.2 Appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open Court on 24/02/2025