TaxTMI 
TaxTMI 
2023 (6) TMI 671
X X X X Extracts X X X X
X X X X Extracts X X X X
....s. For the Respondents Through: Mr Pratyaksh Gupta, Jr. Standing Counsel for Mr Ruchir Bhatia, Sr. Standing Counsel. RAJIV SHAKDHER, J.: (ORAL) CM APPL. 23003/2023 1. Allowed, subject to just exceptions. W.P.(C) 5856/2023 and CM APPL. 23002/2023 [Application filed on behalf of the petitioner seeking interim relief] 2. This writ petition concerns Assessment Year (AY) 2016-17. 3. Via thi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hat he, along with two other persons, was a partner in a firm going by the name M/s Forde International [hereafter referred to as "firm"]. The firm, it is averred, was allocated the following PAN: "AAAFF9733D". 5.1 It is also the petitioner's case that the firm was dissolved on 28.10.2013. The petitioner claims that the firm was converted into a proprietorship concern. The proprietorship concern ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....titioner/assessee draws our attention to the following paragraphs of the order dated 23.08.2022: "The reply of the assessee has been examined. On examination of dissolution deed it is found that the partnership firm was dissolved on 28.10.2013 and it was converted into proprietorship entity with different PAN and different address. The same has been verified from ITR of the assessee. In vi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....who appears on behalf of the respondents/revenue, says that the petitioner/assessee did not surrender the PAN concerning the firm, and therefore, reassessment proceedings were triggered qua him. 11. Prima facie, in our view, even if this is considered to be an infraction, what the AO was required to apply his mind was whether the taxable income, if any, earned, had been brought to tax in the hand....