PANACHE EXPORTS P.LTD,MUMBAI vs. DCIT 4(3), MUMBAI

This appeal is filed by the assessee against the Appellate order passed by the Commissioner of Income-tax (Appeals)-57, Mumbai for A.Y. 2010-11 dated 28th August, 2018, wherein the appeal filed by the assessee against the assessment order passed by the DCIT-4(3) (the learned Assessing Officer) under Section 143(3) read with section 144C(13) of the Income-tax Act, 1961 (the Act) dated 8th March, 2014 was dismissed.

Despite notice none appeared on behalf of the assessee on earlier occasions. It is also seen that now notice have also been sent to the Insolvency Resolution Professional appointed by NCLT, who is authorized to sign and verify the appeal. The Insolvency Resolution Professional, despite being appointed by NCLT, despite being aware about the pendency of this appeal, has neither remained present for this appeal nor took efforts to substitute form no.36. As the verification of the appeal is made by the Director of the company, who are no longer entitled to do so, IRP has failed to substitute it, we dismiss the appeal of the assessee as not maintainable. However, in the event if the committee of creditors so decides, instructs IRP to file this appeal, we give liberty to the IRP to submit the appeal

In view of the above, as per above directions, the appeal of the assessee is dismissed.