Sudhir Kumar Hasija v. ACIT (2022) 285 Taxman 482 (Mad.)(HC)

S. 276CC : Offences and prosecutions-Failure to furnish return of income-Two PAN Numbers-Surrendered second PAN number-Filed return regularly in one PAN number-Launching of prosecution is not valid. [S. 139(1)]

Assessee had two PAN numbers and it had filed its return of income in respect of one of those Pan numbers without any default. Assessing Officer held that the assessee had not filed his return of income in respect of said second PAN card and, accordingly, initiated prosecution under section 276CC against assessee.   The Assessee moved petition before High Court to quash the proceedings. High Court held that  merely because there were two PAN numbers allotted to assessee, he could not be prosecuted on ground that assessee had not filed return concerning second PAN number. Proceedings pending on the file of Additional Chief Metropolitan Magistrate, Economic Offences  is quashed.  (AY. 2013-14)

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