ONE MOBIKWIK SYSTEMS PRIVATE LIMITED,GURGAON vs. ADDI. CIT SPECIAL RANGE- 7, NEW DELHI

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ITA 7550/DEL/2019Status: DisposedITAT Delhi27 September 2023AY 2015-16Bench: SHRI KUL BHARAT (Judicial Member), SHRI M. BALAGANESH (Accountant Member)4 pages

AI SummaryDismissed

What did the Tribunal hold?

The tribunal noted that the appeal was filed by an individual claiming to be the Financial Controller, but no authorization letter from the assessee company was appended. Following Rule 16 of the Appellate Tribunal Rules, 1963, the tribunal dismissed the appeal.

What were the facts?

The assessee's appeal was listed for hearing, but no one appeared on behalf of the assessee. The Department's representative pointed out that the appeal was filed by an authorized representative without proper authorization documents.

What were the issues?

Whether an appeal filed by an authorized representative is maintainable without proper authorization documents from the assessee.

Which sections of the Income-tax Act were involved?

Rule 16 of the Appellate Tribunal Rules, 1963

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “E” NEW DELHI

Before: SHRI KUL BHARAT & SHRI M. BALAGANESH

For Respondent: Shri Subra Jyoti Chakraborty

Hearing: 26.09.2023Pronounced: 27.09.2023

This appeal, by the assessee, is directed against the order of the learned Commissioner of Income-tax (Appeals)-38, New Delhi, dated 28.06.2019,

2015-16. The assessee has raised following grounds of appeal:

“1. Based on the facts and circumstances of the case and in law, the order passed by the Learned Commissioner of Income-tax(appeals) - 38, (hereinafter referred to as ‘Learned CIT(A’) under section 250(6) of the Income-tax Act, 1961 (‘the Act’), is bad in law and void ab-initio.

2. Based on the facts and circumstances of the case and in law, the learned CIT(A) has erred in treating the amount pertaining to M/s Arcelons Consulting as credit written off forRs 99,011.

3. Based on the facts and circumstances of the case and in law, the learned CIT(A) has erred in treating the difference in reconciliation in balances of advances from customers as per books and as per its own MIS as an addition to total income for Rs 1,71,01,136.

4. Based on the facts and circumstances of the case and in law, the learned CIT(A) has erred in disallowing the amount paid towards labour welfare fund for Rs 7,680 5. Based on the facts and circumstances of the case and in law, the learned CIT(A) has erred in treating the amount of Rs 22,46,36,307 incurred on advertisement expenditure as being capital in nature.”

At the time of hearing no one attended the proceedings. It is seen from the records that there has been no representation on behalf of the assessee since 7.6.2022 despite issue of notices for hearing. No change in address, if any, has also been intimated by the assessee. Therefore, the appeal was taken up for hearing in the absence of the assessee and is being decided on the basis of material available on record.

At the outset learned DR pointed out that the present appeal has been instituted by the authorized representative on behalf of the appellant. However, no document has been filed along with the appeal memo demonstrating the authorization by the assessee to the Authorized Representative.

We have heard learned DR and perused the material available on record. We find that the present appeal has been instituted on behalf of the assessee by one Shri Saurabh Jain, who has signed Form no. 36 under the designation of Financial Controller. However, no letter of authorization by the assessee company authorizing Shri Saurabh Jain to file the present appeal is enclosed along with the appeal memo.

4.1 Rule 16 of the Appellate Tribunal Rules, 1963 mandates filing of an document authorizing a representative. For the sake of clarity the relevant Rule 16 is reproduced as under:

“16. In any appeal by any assessee, where the memorandum of appeal is signed by his authorized representative, the assessee shall append to the memorandum a document authorizing the representative to appear for him and if the representative is a relative of the assessee, the document shall state what his relationship is with the assessee, or if he is a person regularly employed by the assessee, the document shall state the capacity in which he is at the time employed.”

4.2 Therefore, in the absence of such authorization the present appeal is dismissed. The assessee would be at liberty to seek restoration of appeal and submit the latter of authorization which authorized Shri Saurabh Jain for signing the appeal memo on behalf of the assessee company.

In the result, assessee’s appeal stands dismissed.

Order pronounced in open court on 27th September, 2023.

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