What did the Tribunal hold?

The Tribunal held that the appeal filed by the assessee was defective as it was not pursued by the authorized official liquidator. Similarly, the Revenue's appeal was also not maintainable as the official liquidator was not made a respondent.

The assessee company was ordered for liquidation by the Bombay High Court. The appeal was filed by the managing director, who was no longer authorized to represent the company. The official liquidator was not made a party to the appeal.

What were the issues?

Whether an appeal filed by a company under liquidation by an unauthorized person is maintainable. Whether an appeal by the Revenue is maintainable if the official liquidator of the assessee is not made a respondent.

Taurain Iron & Steel Co.. P.Ltd vs Addl CIT 4(3) | ITAT Mumbai 2022

Income Tax Appellate Tribunal, “J” BENCH, MUMBAI

For Respondent: Shri Samuel Pitta, DR

Hearing: 08.09.2022Pronounced: 20.09.2022

O R D E R PER PRASHANT MAHARISHI, AM: 01. is filed by Taurian iron and steel Co private limited and ITA No. 3672/M/2017 is filed by the Assistant Commissioner Of Income Tax – 4 (3) (1), Mumbai (the learned AO) against appellate order passed by the Commissioner of Income Tax (Appeals) – 58, Mumbai dated 27th February, 2017 for A.Y. 2010 – 11.

At the time of hearing of the appeal, it has come to the notice that the appellant company has already been ordered for liquidation and assets are ‘for sale’ by the order of the honourable Bombay High Court dated 23rd January 2019 in company petition No. 314 of 2016.

The appeal of the assessee is filed by the managing director, Mr Sumit Lalit Bajla, who is no longer authorised

Further, the appeal filed by the learned assessing officer should have also made the official liquidator respondent in this appeal. The learned assessing officer is also not made any effort to do so, the appeal of the learned assessing officer also do not survive.

In view of this, we dismiss the appeal of the parties with a liberty that if official liquidator would like to agitate the issue in this appeal, he may file the fresh appeal or may make an application for restoration of this appeal by recall of this order. If the learned assessing officer also wants to pursue the same, he may also file the fresh form no. 36 making the official liquidator as respondent.

In the result, appeals of both the parties are dismissed as not maintainable.

Order pronounced in the open court on 20.09.2022.

TAURAIN IRON & STEEL CO.. P.LTD,MUMBAI vs. ADDL CIT 4(3), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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