CORE PROJECTS & TECHNOLOGIES LTD,HYDERABAD vs. ASST CIT CEN CIR 40, MUMBAI

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ITA 7018/MUM/2012Status: HeardITAT Mumbai21 February 2023AY 2009-104 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeals filed by the assessee were not properly presented as they were not signed by the official liquidator. Furthermore, it was not established whether the tax liabilities were included in the liquidator's statement of affairs.

What were the facts?

The assessee company, M/s Core Projects & Technologies Limited, was ordered to be wound up by the Bombay High Court. Appeals were filed by the assessee, but the signatures and designations of the individuals signing them were not clear, and the liquidator had not been substituted as the appellant.

What were the issues?

Whether appeals filed by a company under liquidation are valid if not signed by the official liquidator and if the tax liability is not accounted for in the liquidation proceedings.

Which sections of the Income-tax Act were involved?

Section 140

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “K” BENCH, MUMBAI

Before: SHRI PRASHANT MAHARISHI, AM & SHRI RAHUL CHAUDHARY, JM

For Respondent: Ms Samruddhi Hande , Sr DR
Hearing: 21.02.2023Pronounced: 21.02.2023

Heard together (2 matters)

ITA Nos.2055/MUM/2017
ITA Nos.1929/MUM/2016

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R PER BENCH:

1.

These are the five appeals pertaining to one assessee for four assessment years, wherein for A.Y. 2011-12, cross

5.

Fact shows that as the liquidation process has been ordered by the Hon'ble Bombay High Court on 30th October, 2017, despite this, no efforts have been taken ITAT by the liquidator or by the learned assessing officer to reinstate the revised form number 36B/36 . It was also not shown before us that whether the outstanding dues of taxation are in the statement of liquidator's assets and liabilities or not. At least several occasions nobody is appearing on behalf of the assessee. These matters are before the Tribunal since 2012 and some of the matters are pertaining to 2016 and 2017. On looking at the order of the Hon'ble High Court that the above company has been ordered for liquidation according to Provision of Section 361 of the Companies Act 2013 and other provisions. It was not shown to us that whether the amount of income tax payable is claimed before the liquidator or not. If there is no such claim, the appeals, are futile. In view of this, we dismiss all the four appeals filed by the assessee as those are not preferred/replaced by the liquidator and no efforts have been made by the liquidator to reinstate revised appeals form. Similarly, the learned Assessing Officer has also not made the liquidator as respondent and further could not show whether the tax liability is part of the liquidator's statements of affairs or

6.

Accordingly, all the five appeals are dismissed as per above direction.

Order pronounced in the open court on 21.02.2023.

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