JOHNSON MATHEW V. UNION OF INDIA

WP(C)/40764/2018

AI Insights

The case revolves around a mistaken identity issue concerning the PAN (Permanent Account Number) and CIBIL (Credit Information Bureau India Limited) listing of the petitioner, Johnson Mathew. The petitioner, Johnson Mathew, argued that due to a clerical error, his name was mistakenly associated with the PAN and CIBIL records of the 6th respondent, who shares the same name but is deceased. The petitioner faced issues with CIBIL listing him as a defaulter, which he contended was a mistake. The Income Tax Department acknowledged the error and agreed to rectify it by informing CIBIL. The court, upon hearing the assurances from the Standing Counsel, decided to close the petition.

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 677910 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 18-12-2018
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Assessee Lawyers: P PAULOCHAN ANTONY; G KUMAR; S KUMAR
• Keywords: CIBIL; Defaulter; Income Tax Department; Mistaken identity; PAN Number

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY,THE 18TH DAY OF DECEMBER 2018 / 27TH AGRAHAYANA, 1940 WP(C).No. 40764 of 2018 PETITIONER: JOHNSON MATHEW, AGED 49 YEARS S/O.MATHEW, EANTHUMKAL HOUSE, ARAYALA P.O. AROILI, PAPPINISSERY, KANNUR - 670 651. BY ADVS. SRI.P.PAULOCHAN ANTONY SRI.G.AJITH KUMAR SRI.S.SUNIL KUMAR (PALAKKAD) RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE (DIRECT TAXES), CENTRAL SECRETARIAT, NEW DELHI. 2 DEPUTY DIRECGTOR (SYSTEMS) OFFICE OF THE COMMISSIONER OF INCOME TAX (ADMINISTRTION AND TPS) INCOME TAX COMMISSIONER OFFICE, I.S.PRESS ROAD, ERNAKULAM - 18. 3 BRANCH MANAGER CREDIT INFORMATION BUREAU (INDIA) LIMITED (CIBIL), ONE INDIA BULLS CENTRE, TOWER 2A, 19TH FLOOR, SENAPATHI BAPAT MARG, MUMBAI - 400 013. 4 BRANCH MANAGER SYNDICATE BANK, KAYAMKULAM BRANCH, THAYYIL BUILDING, K.P.ROAD, KAYAMAKULAM - 690 502. 5 BRANCH MANAGER DHANALXMI BANK, KATTAMPALLY BRANCH, PUTHIYATHERU, KANNUR. WP(C).No. 40764 of 2018 2 6 JOHNSON MATHEW CHERIYA KOTTINATTU PUTHEN VEEDU, ERUVA P.O., ALLEPPAY - 690 564. SMT. C.G.PREETHA, CGC SRI R.S.KALKURA, SC SRI. C.K.KARUNAKARAN,SC SRI CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 40764 of 2018 3 JUDGMENT This is a matter of mistaken identity. The petitioner claims that bearing the same name, the 6th respondent also holds a PAN number. But the problem is except the address both the names and PAN numbers are identical. After complaining to the authorities, the petitioner has approached this Court. 2. In response to the submissions made by the petitioner's counsel, the learned Standing Counsel, on instructions, submits that the authorities have noticed the mistake and already rectified it. According to him, only the clerical part of despatching the new PAN card to the 6th respondent remains. Yet the Standing Counsel also informs the Court that the 6th respondent is no more. 3. In this context, the petitioner's counsel complains that CIBIL, the 3rd respondent, has already listed the petitioner's name as a defaulter. But it was the 6th respondent who might have defaulted. Therefore, he wants the Income Tax Department to direct the CIBIL authorities to effect the correction in the CIBIL list. The learned Standing Counsel agrees for WP(C).No. 40764 of 2018 4 this proposal and assures the Court that the Income Tax Department will inform the 3rd respondent about the mistaken identity. Under these circumstances, recording the learned Standing Counsel's assurance, I close the Writ Petition. Sd/- DAMA SESHADRI NAIDU JUDGE WP(C).No. 40764 of 2018 5 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE PAN CARD BEARING NUMBER IS ASTPM6648R OF PETITIONER. EXHIBIT P2 TRUE COPY OF THE AADHAR BEARING NUMBER 893233631311 OF PETITIONER. EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION OF THE CIBIL REPORT ISSUED BY RESPONDENT NO.3. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 22/10/2018. EXHIBIT P5 TRUE COPY OF THE REPLY DATED 24/10/2018. EXHIBIT P6 TRUE COPY OF THE PAN CARD ISSUED TO 6TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 25/10/2018 SUBMITTED TO RESPONDENT NO.2. RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD "