BINA CHOUDHARY,VISAKHAPATNAM vs. DCIT - CIRCLE 1(1), KOLKATA

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘A’ BENCH AT KOLKATA Before SHRI PRADIP KUMAR CHOUBEY, JUDICIAL MEMBER & SHRI RAKESH MISHRA, ACCOUNTANT MEMBER ITA No(s). 117/KOL/2026 Assessment Year(s) 2023-24 Bina Choudhary DCIT, Circle-1(1), Kolkata Vs. (Appellant) (Respondent) PAN: AEZPC3416P Appearances: Assessee represented by : Manish Tiwari, FCA. Department represented by : Anup Biswas, CIT, DR. Date of concluding the hearing : 30.06.2026 Date of pronouncing the order : 09.07.2026 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 2023-24 dated 14.10.2025. 1.1 The Registry has informed that the appeal is barred by limitation by 10 days. The assessee has filed a petition as well as an affidavit for condonation of delay explaining the reasons that the corporate insolvency resolution proceedings were initiated against the assessee as a personal guarantor of Narayani Steels Ltd. vide order of the Hon'ble National Company Law Tribunal, Kolkata Bench dated 14.05.2024, a Resolution Professional was appointed resulting in the assessee being divested of all rights during the said period, and the assessee did not receive any email intimating the passing of the appellate order, thereby

"Sir/Madam, This is to bring to your kind attention that the above-named Appellant has filed the captioned Appeal before the Hon'ble C1T(A), against the Impugned Order dt.30.01.2025 passed by the Ld. AO under section 144 r.w.s.144B of the IT Act, 1961. This is to inform you that the appellant could not respond to Notices issued in course of assessment proceedings as insolvency resolution process was initiated against the appellant, director of Narayani Steels Ltd, vide order of the Hon'ble National Company Law Tribunal, Kolkata Bench dated 14.05.2024. The insolvency resolution process involved the appointment of Mr. Immaneni Eswara Roa as the Resolution Professional, under Section 99(7) of the IBC, 2016, to supervise and file the requisite reports, as mentioned in the order attached herewith for your kind perusal. Consequently, the Appellant was divested of all rights during the said period and consequently on non-compliance to the above notices, the Ld. Assessing Officer passed an order on 30.01.2025 computing the total income at Rs. 7,53,42,260/-. The delay in filing this appeal was purely unintentional and arose from reasonable cause, as the Appellant was not aware of the assessment notices, and was legally divested of her rights to act. In support, to buttress the claim that the said delay in the online filing of the Appeal before your Honour, ought to be condoned on the existence of a good and sufficient reason the Appellant, would like to place reliance on the following decisions of the Hon'ble Supreme Court, i.e.:

Assistant Registrar ITAT, Kolkata Benches Kolkata