Punjab National Bank v. ITO (2025) 344 CTR 35 / 248 DTR 185 / 9 (Guj)(HC)

S. 147: Reassessment-Validity-High-pitched assessment on non-existing entity-Addition made on basis of Multi Year MNS Data without application of mind-Merger of assessee-bank and surrender of PAN ignored-Sanction under S. 151 mechanical-Reassessment was quashed-Exemplary costs of Rs 1 crore was proposed for passing high pitched assessment order contrary to the facts available on record. [S. 144, 148, 151, Art. 226]

On writ, the High Court held that the impugned reassessment order for AY 2017-18 passed in the name of Oriental Bank of Commerce, Bharuch Branch, under PAN “AAAC07436M”, was a nullity, as OBC had merged with Punjab National Bank w.e.f. 1-4-2020 and the surrendered PAN stood requested to be cancelled; despite this being specifically brought on record, the AO and NFAC proceeded without application of mind to frame a high-pitched reassessment under ss. 147 r/w 144, making an addition of ₹393.97 crore and raising a demand of ₹648.26 crore solely on the basis of undisclosed “Multi Year MNS Data”, without inquiry and without considering the return and explanations; the approval under s. 151 was also accorded mechanically. The Court quashed the reassessment and, noting the egregious non-application of mind and the severe prejudice caused by the high-pitched demand against a non-existent entity, directed issuance of show-cause to the respondents on imposition of exemplary costs of ₹1 crore. Kept for further hearing on 4th  April, 2025. (AY. 2017-18)

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