2026 (4) TMI 905

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....o the Facts of the case and law. 2. Because, the learned Commissioner of Income Tax (Appeals) have denied to consider the appeal on merits and failed to provide sufficient opportunity to the appellant to present the arguments in this regards, wherein the appellant has mentioned that the appellant has been allotted with another PAN with AOP status against which the appellant has filed the return of income. 3. Because, the learned lower authorities have also not provide sufficient opportunity and failed to appreciate that the appellant was been allotted another PAN with AOP Status, against which the appellant has duly filed the return of income for the relevant Assessment Year. 4. The appellant craves leave to add/ alter any of the grounds of appeal before or at the time of hearing. 3. The assessee has raised the following grounds of appeal in ITA No: 3128/BANG/2025 for the AY 2019-20: - 1. The learned Commissioner of Income Tax (Appeals) order is opposed to the Facts of the case and law. 2. Because, the learned Commissioner of Income Tax (Appeals) have denied to consider the appeal on merits and failed to provide sufficient opportunity....

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....artnership Firm" bearing PAN: ADCFS2692B. The same was updated with the assessee's bank account as part of bank's KYC compliance. The assessee later on realized that the PAN so allotted in the Status of "Partnership Firm" is incorrect and accordingly discontinued the same and applied for correction in PAN and got a new PAN bearing no: ABSAS3923L. The bankers of the assessee were also requested to update PAN details however; the bank authorities were not able to discontinue the earlier PAN and hence both the PAN were continued in bank accounts until the assessee realized the mistake and asked them to withdraw the earlier PAN. 5.1 The assessee also surrendered the earlier PAN on 10/04/2023 along with the affidavit before the ld. ITO, Ward-1, Bagalkot however, the same has not been cancelled yet. A fraud had been detected in the assessee society and hence the books of accounts could not be finalized and as such, the statutory auditor had not issued statutory audit report for the AY 2018-19 & 2019-20 and hence the assessee society could not file its return of income as an AOP under the new PAN allotted for these two assessment years. 5.2 Thereafter, notice u/s. 148 of the Act was....

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....may be remanded back to the file of AO for the de-novo consideration. 10. The ld. D.R. on the other hand vehemently submitted that the assessee is very callous in its approach before both the authorities below and also filed the appeal before this Tribunal belatedly by 59 days and therefore, the appeals may be dismissed in limine. Further, the ld. D.R. submitted that if the bench is considering to remand the matter back to the file of AO, then it may be with cost. 11. We have heard the rival submission and perused the material available on record. The claim of the assessee is that initially the PAN was inadvertently issued with the status of "Partnership Firm" bearing PAN: ADCFS2692B. The assessee later realized that the PAN so allotted is under wrong status and accordingly applied for correction in PAN and got a new PAN bearing No: ABSAS3923L. We could not understand when the assessee applied for the correction of PAN, then how they got new PAN especially when the application for New PAN & application for correction of PAN are completely different. Therefore, we are of the considered opinion that these facts need to be examined by the AO & if the AO found that the assessee h....

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....sessee is restored to the file of AO for de-novo adjudication in accordance with law. We clarify that incase of further default, the assessee shall not be entitle for any leniency. It is ordered accordingly 12. In the result, the appeals filed by the assessee for both these assessment years are partly allowed for statistical purposes. Order pronounced in the open court on 23rd Mar, 2026. ============= Document 1 BEFORE THE HON'BLE INCOME TAX APPELLATE TRIBUNAL, BENGALURU, KARNATAKA Appeal No of Bhuvaneshwari Co-Op Credit Society Ltd., Amingad, Tq. Hunagund, Dist. Bagalkot 587112 PAN: ADCFS2692B The Income Tax Officer Ward 1 & TPS, Bagalkot Versus APPELLANT RESPONDENT Most respectfully, the Appellant Submits as under: 1. That the above appeal has been filed against the order to the learned Commissionur of Income Tax (Appeals) dated 22/08/2025. 2. That the said appellate order was served on the appellant on 23/08/2025 online. and as such, the last date for filing the appeal was 22/10/2025. 3. The Appellant being a co-operative society was busy with completion of Audit for the FY 2024-25, convening the Annual General Meeting and hence, reali....