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Whether notice u/s 148 is valid or not.

vishal (Chartered Accountant) (67 Points)

04 April 2014

A warm regards to my CA fraternity.

One of my client inadvertantly holded two PAN in 2005, he surrendered one PAN on 24/03/2005 & the confirmation for the same was received from the deptt. on 15/01/2007. The return for A.Y.2007-08 was filled with the PAN so retained. Now deptt. has issued a notice u/s 148 to my client on 24/03/2014 for A.Y. 2007-08 quoting the old PAN. In discussion with A.O. he told that reason to belief was generated by surrendered PAN so you need to file the return. Now whether this notice is Valid or void. Secondly whether should we not file return and wait for A.O's ex party assessment order & then challege AO's order in Appeal if notice is void.

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7 Replies

abhishek (CA FINAL) (274 Points)
Replied 04 April 2014

Reply to AO stating that the old PAN no is not valid anymore and the return of the assessee has been filed under the sustained PAN.Attach copy of the aknowledgement of surrendered PAN received from the dept and also the return filed under the new PAN no of the same assessee.

vishal (Chartered Accountant) (67 Points)
Replied 04 April 2014

Reply has been given on 03/04/2014. what should done further.should we file return or not?

abhishek (CA FINAL) (274 Points)
Replied 04 April 2014

do you have the acknowledgement of the same??

and what does the AO say about it? has he asked you to file a return for a PAN that is no more valid? if yes then ask him how is that possible if the PAN is not valid any more .