TaxTMI 
TaxTMI 
2023 (6) TMI 1290
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....Petitioner seeks a Writ of Mandamus for quashing of the impugned notice under section ('u/s') 148 of the Income Tax Act, 1961 ('Act') dated 31st March 2023 for Assessment Year ('AY') 2019-20, the impugned order u/s 148A(d) dated 29th March 2023 and assessment proceedings taken in furtherance of the impugned notice. BRIEF FACTS: 3. The Petitioner is a registered co-operative credit society under registration no. MUM/W-G-S/GEN(C)/8300/2006- 2007 formed by the licensees of the Open Stall Holders of the Municipal Market situated at Worli Naka Mumbai. As such the Petitioner would be assessable as "Association of Persons" but the person in charge at the relevant time i.e. on the formation of society, had applied for PAN as a Trust under the na....
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....audited returns with the Registrar in accordance with the law. He submitted that despite repeated visits and communications dated 14th November 2019, 24th September 2020, 11th November 2020, 11th February 2023 for cancellation of old PAN the Respondents failed to do the needful. He submitted that the Petitioners by their letters dated 15th March 2021 and 24th March 2021 also informed their bankers viz. Punjab National Bank and Saraswat Bank respectively to change their PAN number from old to the new PAN. 5. Mr. Pandit submitted that despite corresponding with the Respondent no. 1 by letter dated 11th February 2023 and lodging the request on the income tax portal, a show cause notice u/s 148A(b) dated 12th February 2023 for AY 2019-20 came ....
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....pect of cancellation of the old PAN and the returns filed under the new PAN before the issuance of the impugned Order and the impugned notice. A failure of duty of Respondent No. 1 has led to filing of this Petition which in our view could be easily avoided along with its cascading effect on the Courts which are already overburdened. This is yet another In the case of Bhavna Steel v ITO-5(1)(1) Mumbai in Writ Petition No. 2852 & 2867 of 2022 decided on 9th May 2023 where the assessee has sought to cancel the old PAN and the IT department has failed to do it. The Respondents ought to prominently display the steps for cancellation of a PAN on their website apart from sending a link for cancellation in the covering letter when a PAN is provide....