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TMI Blog2020 (8) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... accepted online, as it does not figure either in the correspondence inter se the petitioner and the Department or in the affidavit filed in support of the writ petition, and is made only orally and thus believe that the same is an afterthought. This Court sitting under Article 226 of the Constitution of India is not expected to resolve factual issues and errors arising out of multiplicity of PANs, particularly when the assessee/petitioner had admittedly applied for and obtained separate PAN numbers voluntarily. There is thus every possibility that the multiplicity of PANs has given rise to the confusion/error, if any, in the case. We are inclined to relegate the petitioner to statutory appeal. Since the petitioner expresses apprehens ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AN being AADCE2492E. (ii) Krishnan Nandakumar holds a PAN in his individual capacity being AAEPN5577B. (iii) In addition, he manages a sole proprietorship, namely Tvl.Elektronik Lab that, in 2008, had been applied for and had been issued a separate PAN by the department that had not been utilised by the petitioner. 4. On merits, the addition pertains to alleged interest earned on bank deposits. The petitioner questions the existence of the very bank accounts and consequently the interest said to arise therefrom. He points out that multiple requests were made before the Officer for a statement of tax deduction to substantiate the allegation of earning of interest, and such details/statement was never supplied by the Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fy that when a notice under Section 148 of the Income tax Act is issued, the proper course of action for the noticee is to file return and if he so desires, to seek reasons for issuing notices. The assessing officer is bound to furnish reasons within a reasonable time. On receipt of reasons, the noticee is entitled to file objections to issuance of notice and the assessing officer is bound to dispose of the same by passing a speaking order. In the instant case, as the reasons have been disclosed in these proceedings, the assessing officer has to dispose of the objections, if filed, by passing a speaking Order before proceeding with the assessment in respect of the abovesaid five assessment years. 8. Thus, it is incumbent upon the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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