2019 (2) TMI 1329 - HC - Income Tax

Separate entity for the purpose of assessment of tax - allotment of separate PAN u/s 139A an education institution run by the Trust - it is submitted that merely because a separate PAN has been allotted to N.G. Patel Polytechnic, it does not make it a separate entity for the purpose of assessment of tax - HELD THAT - Having regard to the submissions advanced by the learned counsel for the petitioner, Issue Notice returnable on 28th January, 2019. By way of ad-interim relief, the respondent is restrained from proceeding further pursuant to the impugned notice dated 23.3.2018 issued to N.G. Patel Polytechnic for assessment year 2011-12 (Annexure-D to the petition). The respondent is directed not to serve the assessment order in case the same is not yet served. The respondent is further directed to furnish a copy of the reasons recorded to the petitioner within a period of one week from the date of receipt of a copy of this order.

Summary

Issues:
1. Reopening of assessment based on separate PAN allotment.
2. Refusal to furnish reasons recorded by Assessing Officer.
3. Legal status of entity for tax assessment purposes.

Analysis:

Issue 1: Reopening of assessment based on separate PAN allotment
The petitioner's counsel argued that despite a previous court judgment stating that mere allotment of PAN does not establish a separate entity for tax assessment, the Assessing Officer sought to reopen the assessment for a specific year based on the separate PAN allotted to N.G. Patel Polytechnic, a college run by the petitioner trust. The court had already granted interim relief staying the proceedings, but the Assessing Officer issued a new notice for the same assessment year. The petitioner had submitted the return of income for that year, but the Assessing Officer insisted on a return being filed in the name of N.G. Patel Polytechnic.

Issue 2: Refusal to furnish reasons recorded by Assessing Officer
Despite the petitioner's submission of the return of income for the relevant year and a court order directing the Assessing Officer to provide the reasons recorded for reopening the assessment, the Officer refused to furnish the reasons on the grounds that the return was not filed in the name of N.G. Patel Polytechnic. The petitioner had withdrawn a previous writ petition to follow the procedure laid down by the Supreme Court, but the Assessing Officer still did not provide the reasons recorded for the reassessment.

Issue 3: Legal status of entity for tax assessment purposes
The petitioner argued that the separate PAN allotted to N.G. Patel Polytechnic does not make it a separate entity for tax assessment purposes, as established by a previous court decision. Despite this legal position, the Assessing Officer continued with the assessment process and refused to furnish the reasons recorded until an income tax return was filed in the name of N.G. Patel Polytechnic.

In response to the submissions made by the petitioner's counsel, the court issued a notice returnable on a specific date and restrained the respondent from proceeding further with the assessment based on the impugned notice. The court directed the respondent to furnish a copy of the reasons recorded to the petitioner within a week from the date of receipt of the court's order.