ESAAR INDIA LTD.,MUMBAI vs. I.T.O., WARD - 5(1), KOLKATA

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘A’ BENCH AT KOLKATA Before SHRI YOGESH KUMAR US, JUDICIAL MEMBER & SHRI RAKESH MISHRA, ACCOUNTANT MEMBER ITA No(s). 2990/KOL/2025 Assessment Year(s) 2014-15 Esaar India Ltd. I.T.O., Ward-5(1), Kolkata Vs. (Appellant) (Respondent) PAN: AABCE0478J Appearances: Assessee represented by : S.S. Gupta, FCA. Department represented by : Santanu Ghosh, Sr. DR. Date of concluding the hearing : 15.06.2026 Date of pronouncing the order : 05.08.2026 ORDER PER RAKESH MISHRA, ACCOUNTANT MEMBER: This appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for AY 2014-15 dated 25.08.2025. 1.1 The Registry has informed that the appeal is barred by limitation by 38 days. The assessee has filed a petition along with affidavit for condonation of delay of 45 days explaining the reasons that the assessee company was dependent on its Chief Financial Officer, Mr. Dipesh Mistry, who was looking after the taxation matters, and due to his heavy professional workload and inadvertent oversight while attending to multiple statutory compliances, he forgot to take action to file the appeal before the ITAT within the prescribed time limit, with the assessee remaining unaware of the non-filing until a recovery notice dated

• “Original Notice u/s. 148 issued on 23.06.2021. • As per decision of Hon'ble Supreme Court in the case of Ashish Agarwal [444 ITR 1] the said notices issued between April 1, 2021 upto June 30, 2021 are to be treated as notices issued u/s. 148A(b). • As per the said decision dated 04-05-2022, the AO shall within 30 days provide to assessee the information and material relied upon by the Department i.e. the department has to furnish the same by June 3, 2022. • In the facts of the assessee's case these information have been provided to the assessee on 26-05-2022. • As per the said decision dated 04-05-2022, the assessee could reply to the notices within 2 weeks thereafter i.e. by 09-06-2022 (26-05-2022+ 14 days). • In the facts of the assessee's case the assessee furnished its reply on 09-06-2022. • Surviving period available to the Department as per TOLA is 7 days (i.e. 23-06-2021 to 30-06-2021). • Thus, the Ld. AO could issue notice u/s. 148 within 7 days of the date of furnishing (09-06-2022) of reply by the assessee i.e. latest by 16-06- 2022 (09-06-2022 + 7 days). • In the facts of the assessee's case the notice u/s. 148 has been issued on 26-07-2022. • As such it is submitted that the said notice is barred by limitation.” 7. The Ld. DR could not controvert this fact. However, he relied upon the order of the Ld. CIT(A) and requested that the same may be upheld.