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Assessee Required To Get PAN Database Updated In Case Of Change Of Address: SC [Read Judgment]

Ashok Kini
20 Oct 2019 5:06 AM GMT
Assessee Required To Get PAN Database Updated In Case Of Change Of Address: SC [Read Judgment]

'The Assessing Officer cannot be said to have committed any error and in fact the Assessing Officer was justified in sending the notice at the address as per the PAN database.'

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The Supreme Court has observed that an assessee, in case his address is changed, is required to make an application for change of address in the departmental database of PAN.

The bench comprising Justice Uday Umesh Lalit, Justice Indira Banerjee and Justice MR Shah also observed that mere mentioning of the new address in the return of income without specifically intimating the Assessing Officer with respect to change of address and without getting the PAN database changed, is not enough and sufficient.

In this case [Principal Commissioner of Income Tax, Mumbai vs. M/s I-Ven Interactive Limited], the Assessee, a company, filed return of income, under E-Module Scheme. The Assessing officer issued notice under Section 143(2) of the Income Tax Act in the address available as per the PAN database. These notices were challenged on the ground that the said notices were not served upon the assessee as the assessee-company never received those notices and the subsequent notices served and received by the assessee-company were beyond the period of limitation prescribed under proviso to Section 143 of the 1961 Act mere mentioning of the new address in the return of income without specifically intimating the Assessing Officer with respect to change of address and without getting the PAN database changed, is not enough and sufficient. C.I.T (Appeals), thereafter the I.T.A.T. and later the High Court, favoured this contention adopted by the Assessee.

While allowing the appeal filed by the revenue, the Apex Court bench observed that, in absence of any intimation to the Assessing Officer with respect to change in address, the Assessing Officer was justified in issuing the notice at the address available as per the PAN database. It said:

Therefore, the Assessing Officer cannot be said to have committed any error and in fact the Assessing Officer was justified in sending the notice at the address as per the PAN database. If that is so, the notice dated 05.10.2007 can be said to be within the period prescribed in proviso to Section 143(2) of the 1961 Act. Once the notice is issued within the period prescribed as per the proviso to Section 143(2) of the Act, the same can be said to be sufficient compliance of Section 143(2) of the 1961 Act. Once the notice is sent within the period prescribed in the proviso to Section 143(2) of the 1961 Act, in that case, actual service of the notice upon the assessee thereafter would be immaterial.

The court further observed that mere mentioning of the new address in the return of income without specifically intimating the Assessing Officer with respect to change of address and without getting the PAN database changed, is not enough and sufficient. While allowing the appeal, the bench observed:

In absence of any specific intimation to the Assessing Officer with respect to change in address and/or change in the name of the assessee, the Assessing Officer would be justified in sending the notice at the available address mentioned in the PAN database of the assessee, more particularly when the return has been filed under E-Module scheme. It is required to be noted that notices under Section 143(2) of the 1961 Act are issued on selection of case generated under automated system of the Department which picks up the address of the assessee from the database of the PAN. Therefore, the change of address in the database of PAN is must, in case of change in the name of the company and/or any change in the registered office or the corporate office and the same has to be intimated to the Registrar of Companies in the prescribed format (Form 18) and after completing with the said requirement, the assessee is required to approach the Department with the copy of the said document and the assessee is also required to make an application for change of address in the departmental database of PAN, which in the present case the assessee has failed to do so. 


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