Has your abode mentioned in the PAN database changed? It is important to get the abode in PAN database updated. If this is not done, the Assets Tax Assessing Administrator would be appropriate in sending apprehension beneath Area 143 (2) of the Assets Tax Act 1961 on the old abode and you cannot escape by claiming you didn’t accept the apprehension on your new address, according to a latest Supreme Cloister judgement. There is no charge to agitation for those who don’t accept any discrepancies in their ITR. Apprehension beneath Area 143 (2) is beatific to the assessee back the Assets Tax administration finds any accessory or above discrepancies in the ITR. These discrepancies may accommodate under-reporting or over-reporting of losses.
In PCIT vs. IVen Interactive Limited, the Supreme Court’s judgement anachronous 18-10-2019, says, “…mere advertence of the new abode in the acknowledgment of assets after accurately intimating the Assessing Administrator with annual to change of abode and after accepting the PAN database changed, is not abundant and sufficient.”
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The top cloister said, “It is appropriate to be acclaimed that notices beneath Section143(2) of the 1961 Act are issued on alternative of case generated beneath automatic arrangement of the Administration which picks up the abode of the assessee from the database of the PAN. Therefore, the change of abode in the database of PAN is must…”
“…in case of change in the name of the aggregation and/or any change in the registered appointment or the accumulated appointment and the aforementioned has to be intimated to the Registrar of Companies in the assigned format,” it added.
The assessee, IVen Interactive Limited, had filed acknowledgment of assets for the Appraisal Year 2006-07 on 28.11.2006 declaring absolute assets of Rs 3,38,71,716 beneath E-Module Scheme and thereafter filed a adamantine archetype of the aforementioned on 05.12.2006. The assessee had additionally submitted the antithesis area and accumulation and accident annual forth with the return, which was candy beneath Area 143(1) of the Assets Tax Act, 1961.
After processing the return, the assessing administrator had computed the absolute assets of the assessee at Rs 5,52,45,930. The IT administration issued a apprehension to the assessee beneath Area 143 (2) on 05.10.2007. It was beatific to the assessee’s abode accessible in PAN database. Another apprehension was beatific to the aforementioned abode beneath Area 153 (2) on 25.07.2008. The apprehension was beatific to all addresses of the assessee accessible in the PAN database. Further notices beneath Area 142(1)along with questionnaires calling for assorted capacity were issued to the assessee in January, July and October of 2008 to the assessee-company. The company’s adumbrative appeared on 28.11.2008 and 04.12.2008 afore the Assessing Officer. The assessee, however, challenged the apprehension beneath Sections 143(2) and 143 (1), claiming they were not “served aloft the assessee as the assessee-company never accustomed those notices and the consecutive notices served and accustomed by the assessee-company were above the aeon of limitation assigned beneath accident to Area 143 of the 1961 Act.”
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The assessee claimed in cloister that the “said apprehension was not served aloft the assessee as the assessee afflicted its name and abode and confused to new abode above-mentioned thereto and accordingly the said apprehension was not served aloft the assessee and by the time back after the notices were served aloft the assessee, apprehension beneath Area 143(2) of the 1961 Act was barred by the aeon assigned in accident to Area 143(2) of the 1961 Act and accordingly the appraisal adjustment is bad in law.”
However, the acme cloister acclaimed that “no appliance was fabricated by the assessee to change the abode in the PAN database and in the PAN database, the old abode continued. Therefore, in absence of any allusion to the Assessing Administrator with annual to change inaddress, the Assessing Administrator was justified in arising the apprehension at the abode accessible as per the PAN database.”
Currently, PAN abstracts can be adapted online by activity to the ‘Update PAN/Aadhaar Details’ area of the Assets Tax e-filing website, or by anon activity to this link: https://www.onlineservices.nsdl.com/paam/endUserRegisterContact.html.
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