What did the Tribunal hold?

The Tribunal held that if a company is under liquidation, only the liquidator can file an appeal. Therefore, the appeal filed by the directors was not maintainable.

The assessee company was under liquidation. The appeal was filed by the directors, not the appointed liquidator. The Revenue argued that the appeal was not maintainable.

What were the issues?

Whether an appeal filed by the directors of a company under liquidation is maintainable.

Aerens Goldsouk International… vs DCIT | ITAT Delhi 2021

Income Tax Appellate Tribunal, DELHI BENCH “A ”: NEW DELHI

Before: SHRI KULDIP SINGH & SHRI PRASHANT MAHARISHI

For Respondent: Shri Prakash Dubey, Sr. DR

Hearing: 24/05/2021Pronounced: 24/05/2021

O R D E R PER PRASHANT MAHARISHI, A. M.

This appeal is filed by the assessee for Assessment Year 2008-09 against the order of the ld CIT(A)-4, New Delhi dated 22.04.2014.

At the time of hearing the ld counsel for the assessee submitted that this company is under liquidation and they are no more authorized representative of the assessee.

The ld DR at that particular time stated that if the assessee is under liquidation this appeal should have been filed by the Liquidator and not by the directors of the assessee and therefore, the appeal itself is not maintainable.

We have carefully considered the contention of the ld DR. We find that in the case of the company provision of section 446 of the Companies Act 1956 were invoked and a professional Liquidator has been appointed by the order of the Hon’ble Delhi High Court dated 01.08.2019, however no winding up of order has yet been issued. If the company is under liquidation then the appeal can be filed only by the liquidator and not by Page | 1

AERENS GOLDSOUK INTERNATIONAL LTD.,NEW DELHI vs. DCIT, NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

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