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2023 Supreme(Bom) 1450

K. R. SHRIRAM, NEELA GOKHALE
Optra Health Private Limited – Appellant
Versus
Additional Commissioner of Income Tax (HQ) – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sham Walve i/b Mr. Abhishek Khandelwal.
For the Respondents: Mr. Suresh Kumar.

JUDGMENT :

1. Petitioner filed return of income for Assessment Year (“AY”) 2017-2018 on 25th November 2017 in the name of Optra Technologies Private Limited. By that date, the name of Petitioner had already been changed with the approval and sanction of the Ministry of Corporate Affairs vide communication dated 31st January 2017. The PAN number reflected in the income-tax return filed by assessee for the relevant AY was correctly mentioned. On account of a mismatch between the PAN number reflected in the income-tax return and the name of the company, a communication dated 29th May 2018 came to be issued by the Deputy Commissioner of Income Tax (“DCIT”), Centralised Processing Centre (“CPC”), Bangalore asking Petitioner to rectify the defects within a period of fifteen days from the date of receipt of such a communication. As Petitioner did not do the needful within the prescribed time, the income-tax return filed by Petitioner (assessee) was declared to be invalid.

2. In order to overcome this difficulty, an application under Section 119 of the Income Tax Act, 1961 (“the Act”) was filed by Petitioner before the Principal Commissioner of Income Tax (“PCIT”)-2, Pune, which came to be

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