One PAN for Two Assessees

This query is : Resolved

chandan (Querist)
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23 November 2010 We have our client which is a Partnership Firm. We have applied for PAN through NSDL and received PAN Card. One Year later we noticed that one more firm having same name and same date of incorporation date has been issued with same PAN. We could manage to contact the other firm and took their Deed of Partnership and other documents and they have provided in good faith to us.

I have filed my returns electronically as the client is under audit. Other Firm has filed their returns manually as it is not having requirement for Audit under Section 44AB of Income Tax Act.

I have claimed refund of TDS through the Return (which is huge amount). Now I am behind Income Tax Officials to grant me Refund they say, your PAN is allotted to some other ITO which is jurisdictional officer of other Firm having same PAN. ITO replies that one Return out of the two which is filed earlier will be considered for computation of income and other will not be.

Please tell me whether such action is valid in law?

Can anyone guide me how to tackle this issue? Any such kind of issue is faced by anyone on this forum and remedial steps taken to act best in interest of client?

Thanks
Chandan Katariya

CA PARAS BAFNA

CA PARAS BAFNA (Expert)
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23 November 2010 You may write the ITO, along with the necessary documents so that he would not issue the refund to that party. Keep record with you of your letter.

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