MONOTONA TYRES LTD,THANE vs. CIT-6, MUMBAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the appeal was not maintainable because the Form No. 36 was not signed by the authorized person (the IRP) as per the NCLT order. However, liberty was granted to file a revised form.
What were the facts?
The assessee company, Monotona Tyres Ltd., was undergoing corporate insolvency resolution process as per NCLT order. The appeal before the ITAT was signed by a Director, but the NCLT order had dissolved the Board of Directors, with an IRP taking over management.
What were the issues?
Whether an appeal filed by a company undergoing insolvency resolution is maintainable if signed by a former director instead of the authorized resolution professional.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
Monotona Tyres Ltd. against the orders passed by the Commissioner of income- tax (Appeals)-6 Mumbai (the learned CIT(A)) for Assessment Year 2009-10 on 20th February, 2014 under section 263 of the Act. The assessee has challenged the impugned order.
At the time of hearing the record shows that the National Company Law Tribunal, Mumbai (NCLT) has passed an order dated 30th November, 2018 under section 9 of IBC,
On perusal of form No.36, it was found that it has been signed by Mr. Rajesh Kumar Sharma stated to be the Director of the assessee company. On passing of the order by NCLT , the Board of Director of the company ceased to exist and the IRP as directed by the committee of the creditors substitute it. Before us, as form No.36 is verified by the Director of the company and not by the IRP, therefore same is not signed by the person authorised to sign Return of Income of Assessee company . Thus appeal is not maintainable as it is not verified properly.
In view of this appeal is dismissed as not maintainable. However, liberty is given to the assessee/ IRP that if they would like to pursue the matter, the revised from No. 36 duly signed by the person who is authorized to file return of income on behalf of the assessee may be submitted along with application for recall of the above order.
Accordingly, if the appeal is filed which is in compliance with Rule 12AA and 51(b) of The Income tax Rules, 1962 , the appeal would be admitted.
Order pronounced in the open court on 23.02.2022.
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
Recent GST High Court judgments
Search GST case law →- M/S. Nanda Contruction PVT. LTD., Angul vs. Additional Commissioner, GST And Central Excise Commissionerate, SundergarhOrissa · 28 Oct 2026
- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of Hte Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of The Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of The Deputy CommissionerUttarakhand · 28 Oct 2026