B.G.M. Consortium Limited Vs PCIT (ITAT Kolkata)
1592-day delay condoned; s.263 revision restored with cost, VSVS dismissal quashed
Kolkata ITAT condoned an extraordinary delay of 1592 days in filing appeals against s.263 orders, holding that the reasons furnished were bona fide. Since the assessee had not responded to s.263 notices earlier, the Tribunal, in the interest of justice, set aside the revision orders & restored the matters to the PCIT for fresh adjudication, subject to payment of cost of ₹1 lakh per year to the High Court Legal Services Committee & direction to fully cooperate in remand proceedings. Consequential assessment appeals, which had been dismissed by CIT(A), NFAC on the erroneous premise that the assessee had opted for Vivad Se Vishwas Scheme, 2020, were also allowed & quashed, as the s.263 orders themselves stood set aside. Appeals against s.263 were thus partly allowed for statistical purposes, while consequential appeals were allowed in full
FULL TEXT OF THE ORDER OF ITAT KOLKATA
ITA Nos.2287 & 2288/Kol/2025 are the appeals filed by the assessee against the separate orders of the ld. Pr.CIT, Kolkata-1,both dated 27.03.2021 for the assessment years 2011-2012 & 2012-2013. ITA Nos.1531 & 1532/Kol/2025 are the appeals filed by the assessee against the separate orders of the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, both dated 25.05.2023 for the assessment years 2011-2012 & 2012-2013
