| The Tax Publishers2023 TaxPub(DT) 5533 (Del-HC) INCOME TAX ACT, 1961
Section 139(9), Explanation
When return was filed by assessee discribing itself as 'RWML', however, thereafter it preferred application for change of name as well as PAN but the PAN remained the same and only the change in the name of assessee company was recognised by the Competent Authority, since said course of action did not align with provisions of the IT Act, the impugned order and communications were set aside and the Revenue was directed to process the return and pass necessary consequential orders.
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Return of income - Invalid return - Effect of change in name -
Assessee-company filed a writ petition challenging an order, dated 13-2-2020 and various communications. The principal grievance of the assessee was that via the said order, return filed by it was treated as an invalid return. It was submitted that when the return for relevant assessment year was filed on 15-10-2018, the assessee was described as 'RWML'. Thereafter, the assessee applied for change of name to 'RAL', which was approved by ROC on 20-12-2018. Then, an application was preferred for change of PAN. Although the PAN remained the same, the change in name was recognized by concerned authority. Despite that position, the assessee's return was treated as invalid return. Assessee submitted that since the return filed by the assessee on 15-10-2018 was a proper return; it could not have been categorized as defective. Held: Revenue submitted that assessee could have approached CBDT for an extension of time to file a revised return, by taking recourse to section 119(2)(b). However, the said course of action, did not align with provisions of Act. The fact that there had been a change in name of the assessee, was not in dispute; in fact, on the date when return was filed, i.e., 15-10-2018, the assessee was described as RWML. Accordingly, order dated 13-2-2020 and impugned communications were set aside and Revenue was directed to process the return filed on 15-10-2018 and pass necessary consequential orders.
REFERRED :
FAVOUR : In assessee's favour
A.Y. : 2018-19
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