Estate of Binoy Kumar Chandra Vs Office of ITO (ITAT Kolkata)
The appeal was filed by the assessee against the order of the National Faceless Appeal Centre dated 17.09.2025 for Assessment Year 2020–21, concerning the imposition of a penalty of ₹12,77,227 under Section 270A of the Income-tax Act, 1961. The penalty had been levied by the Assessing Officer (AO) on 23.06.2024 and subsequently confirmed by the Commissioner of Income Tax (Appeals) [CIT(A)].
The case arises from the death of Mr. Binoy Kumar Chandra on 13.06.2019, after which his estate was formed. A petition for probate of executors, along with the will dated 13.06.2019, was filed before the Calcutta High Court on 26.08.2021. The probate was granted to the executors on 09.03.2022 and received on 15.03.2022. By that time, the statutory deadline for filing the income tax return had already expired, and consequently, no return was filed within the prescribed time.
Subsequently, the AO issued a notice under Section 148A(b) on 06.02.2024. The assessee responded by admitting the income reflected in Form 26AS and explaining the reasons for not filing the return earlier. Thereafter, an order under Section 148A(d) was passed on 22.03.2024, followed by issuance of notice under Section 148. In response, the assessee filed a return of income on 10.05.2024, declaring a total income of ₹80,68,052 as reflected in Form 26AS, and paid the applicable taxes along with interest.
