IY TEE CEE Trading Company v. ACIT (2021) 276 Taxman 116/199 DTR 110/ 319 CTR 710 (Ker.)(HC)

S. 143(3) : Assessment-Mismatched PAN-Demonetised notes- Assessment order was passed without considering material produced by assesse-Court directed to redo the assessment after considering the materials on record. [Art. 226]

Assessee-partnership firm was issued a PAN, which reflected its status as a company.  Assessee did not notice this discrepancy till much later. When noticed, assessee applied for rectification and was issued a fresh PAN showing its status as a firm. During demonetization period, petitioner firm made certain deposits in its bank account, a portion of which comprised of demonetised notes  Owing to mismatched PAN that was available in bank account, cash deposit of demonetised rates was reported by bank to Income-tax Department  Respondent initiated assessment proceedings against assessee. In assessment order, Assessing Officer stated that claims made by assessee could not be accepted Assessment order was passed without considering material produced by assessee. Court held that the   respondent should redo assessment in relation to assessee by considering materials produced by assessee to justify his contentions on merit.  (AY. 2017-18)