2026 (4) TMI 1038

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....ated 23.06.2026. 2. The only issue raised by the assessee is against the imposition of penalty of Rs. 12,77,227/- by the A.O. and its confirmation by the Learned CIT(A), under section 270A(2)(b) of the Act. 3. The facts in brief are that Mr. Binoy Kumar Chandra, died on 13.06.2019 and post demise of the said person, estate of the deceased was formed, as "Estate of Binoy Kumar Chandra". Thereafter, a petition was filed before the Hon'ble Calcutta High Court on 26.08.2021, for probate of executors along with the will dated 13.06.2019. The probate of executors was granted by the Hon'ble Calcutta High Court to Shri Uday Kumar Chandra and Shri Suvro Chandra on 09.03.2022. The probate was received on 15.03.2022. By the time, the time limit ....

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....the probate of executors was granted by the Hon'ble Calcutta High Court on 09.03.2022, and the probate was received on 15.03.2022. Nonetheless, it is undisputed that the income as declared in the return of income filed, in response to notice u/s 148 of the Act was duly appearing in the Form 26AS on which a TDS at the rate of 10 per cent was also deducted. We also note that Shri Binoy Kumar Chandra died on 13.06.2019, and, thereafter, his estate was formed and, therefore, it was not possible to file the return of income of the estate unless a probate was granted by the Hon'ble Court in favor of the executors. We have perused the provisions of section 270A(6) of the Act, which provides that unreported income for the purpose of this section sh....

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....red 2 Deceased (Legal heir) Legal heir of the deceased person Copy of PAN card of the deceased Copy of Death Certificate Copy of Legal heir proof as per the norms Copy of the order passed in the name of the deceased (Mandatory only if the reason for registration is' Filing of an appeal against an order passed in the name of deceased'). Copy of Letter of Indemnity (optional) Copy of legal heir proof as per the norms includes the following: Legal Heir Certificate issued by Court of Law/ Local Revenue Authority. Surviving family member certificate issued by the Local Revenue Authority. Family Pension certificate issued by Central/ State Government. Register Will. Letter issued b....