GOLDYNE TECHNOSERVE LTD,MUMBAI vs. DCIT CEN CIR 20, MUMBAI

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ITA 2235/MUM/2015Status: DisposedITAT Mumbai23 February 2022AY 2005-063 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal observed that the appeals should have been filed by the Official Liquidator as the company's affairs vested with them. Since the appeals were filed by the erstwhile Managing Director, they were deemed not maintainable.

What were the facts?

The assessee company, M/s. Glodyne Technoserve Ltd., filed appeals before the ITAT. However, the assessee did not appear for hearings from December 2016 onwards. A High Court order indicated the company had gone into liquidation.

What were the issues?

Whether appeals filed by an erstwhile Managing Director are maintainable when the company is in liquidation and its affairs vest with the Official Liquidator.

Which sections of the Income-tax Act were involved?

Section 153A,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘G‘ BENCH

Before: SHRI M.BALAGANESH & SHRI KULDIP SINGH

For Respondent: Shri Anand Mohan
Hearing: 23/02/2022Pronounced: 23/02/2022

आदेश / O R D E R PER BENCH: These appeals in for A.Yrs.2005-06 to 2007-08 arise out of the order by the ld. Commissioner of Income Tax (Appeals)-51, Mumbai in appeal Nos.CIT(A)-51/IT-102/2013-14, CIT(A)- 51/IT-101/2013-14 & CIT(A)-51/IT-100/2013-14 respectively dated 08/01/2015 & 20/01/2015 respectively (ld. CIT(A) in short) against the order of assessment passed u/s.153A r.w.s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 31/03/2013 by the ld. Dy.

Commissioner of Income Tax, Central Circle-20, Mumbai (hereinafter referred to as ld. AO).

2.

At the outset we find that there was no appearance on behalf of the assessee from 07/12/2016 onwards. When these appeals were called for hearing today i.e.on 23/02/2022, again none appeared on behalf of the assessee. The ld. DR placed on record the copy of the order of the Hon’ble Bombay High Court in Company Petition No.179 of 2013 dated 21/06/2019 where the assessee was impleaded by the Official Liquidator for settlement of some other dues. From the Hon’ble Bombay High Court order it goes to prove that assessee has gone into liquidation and affairs of the company vest with the official liquidator. Accordingly, the appeals before us should have filed only by the official liquidator. Since, the appeals were filed by the erstwhile Managing Director of the company, we deem it fit to dismiss all these appeals as not maintainable.

3.

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

Order pronounced in open Court on 23/02/2022

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