Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, K BENCH, MUMBAI
Appearances For the Appellant/ Assessee : None For the Respondent/Department : Shri Michael Jerald Date of conclusion of hearing : 28.03.2022 Date of pronouncement of order : 27.06.2022 O R D E R
Per Rahul Chaudhary, Judicial Member:
The present appeal is directed against assessment order dated, 31.08.2017 passed under Section 143(3) read with Section 144C(13) of the Income Tax Act, 1961 [hereinafter referred to as ‘the Act’] for the Assessment Year 2013-14, as per directions issued by Dispute Resolution Panel-I, Mumbai
(hereinafter referred to as ‘the DRP’) under Section 144C(5) of the Act.
When the matter was taken up for hearing, none was present for the Appellant. The Ld. Departmental Representative appearing before us submitted that no one has been appearing for the Appellant for last several hearings as the Appellant- Company is under liquidation and therefore, the present appeal be dismissed. On perusal of record, we find that none has been appearing for the Appellant despite notice. Vide letter, dated 25.06.2019, an order dated, 30.10.2017, passed by the Hon’ble Bombay High Court in Company Petition No. 926 of 2014 has been placed on record according to which official liquidator was appointed and the Appellant-Company was ordered to be wound up as it was commercially insolvent. On the appointment of the official liquidator all powers of the board of directors, and key managerial personnel of the Appellant– Company got vested in the official liquidator who was authorised to institute or defend any suit, prosecution or other legal proceedings in the name of on behalf of the Appellant- Company. The appeal in Form 36B available in our records has been signed by the Chief Executive Officer authorised by erstwhile management of the Company. The official liquidator
has not impleaded himself by filing revised Form 36B to comply with the requirements of Section 140 of the Act. Hence, the present appeal is not maintainable in the present form and is accordingly dismissed with the liberty to the official liquidator to get the same restored by filing amended Form 36B duly verified by the person authorised as per Section 140 of the Act.
In terms of paragraph 2 above, present appeal is dismissed.
Order pronounced on 27.06.2022.