MONOTONA TYRES LTD,THANE vs. CIT-6, 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.