When the company is under liquidation, appeal could only be filed by official liquidator

PrintPDF

Kuber Mutual Benefits Ltd. Vs. ACIT (ITAT Delhi) - It is not in dispute that assessee company is under liquidation and official liquidator stands already appointed by the order of the Hon’ble Court. As per Companies Act, 1956, no doubt, powers of liquidator which includes the power to defend legal proceedings, civil or criminal are to be in the name and on behalf of the company. Section 178 of the I.T. Act, 1961 recognizes the official liquidator as the concerned person in the case company is under liquidation. Similarly section 2 (7) defines the word “assessee”. It includes such persons also as assessee who are deemed to be an assessee under any provision of this Act. Section 253(1) provides that an assessee aggrieved, may appeal to ITAT against such order and Rule 47(1) prescribes form No.36 for filing appeal which shall be signed by the person specified in Rule 45(2) of the I.T. Rules, 1962. Rule 45(2) provides that form No.36 shall be filed by the person who is authorized to sign the return u/s 140 of the Act. Second proviso to section 140(c) provides that in case of the company which is being wound up, it shall be singed by the liquidator. From the above noted provisions, it becomes amply clear that when the company is under liquidation, appeal could only be filed by the official liquidator. So appeal verified and singed by the managing director cannot be held to be valid appeal. As such, considering entirety of facts, circumstances and material on record in the light of relevant provisions of law, on the issue of maintainability of the appeal, when not singed by the competent person, it is held that such appeal is not maintainable. Hence, dismissed.