Kuber Auto General Finance And Leasing Ltd., New Delhi V. ACIT, New Delhi

ITSSA 24/DEL/2011

• Counselvise Citation: [2015] 122 COUNSELVISE.COM (IT) 0635 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 9 month(s) 16 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 25-02-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 25-02-2015
• Assessment Year: misc
• Appeal Filed On: 09-05-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SULEKHA VERMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: D : NEW DELHI BEFORE SH. P.K. BANSAL , ACCOUNTANT MEMBER AND SMT. DIVA SINGH, JUDICIAL MEMBER IT(SS) A NO. 24/DEL / 2011 BLOCK PERIOD : 01.04.1987 TO 08.05.1997 KUBER AUTO GENERAL FINANCE VS. ASST. COMMISSIONER OF AND LEASING LTD., S - 32, INCO ME TAX, CIRCLE - 5(1), G.K. - 1, NEW DELHI NEW DELHI. (PAN: AAACK0453E ) (APPELLANT) (RESPONDENT) APPELLANT BY : SH. RAJ KUMAR GUPTA, CA RESPONDEN T BY: MS. SULEKHA VERMA, C IT - DR DATE OF HEARING: 25.02.2015 DATE OF PRONOUNCEMENT: 25.02.2015 ORDER PER P.K. BANSAL, AM : THIS APPEAL HAS BEEN FIELD BY THE ASSESSEE AGAINST THE ORDER OF THE LEARNED CIT(A) DATED 10.02.2011. 2. AT THE OUTSET, THE PRELIMINARY OBJECTION HAS BEEN RAISED BY THE REVENUE THAT THE ASSESSEE COMPANY HAS GONE UNDER LIQUIDATION VIDE HON BLE HIGH COURT S ORDER DATED 12.10.1999 AND THEREFORE, THE GROUNDS OF APPEAL SHOULD 2 IT(SS)A NO. 24/DEL/2011 HAVE BEEN SIGNED BY THE LIQUIDATOR APPOINTED BY THE HON BLE HIGH COURT. DUE TO THIS PRELIMINARY OBJECTION, THE APPEAL WAS ADJOURNED FROM TIME TO TIME AND THE ASSESSEE WAS ASKED TO REMOVE TH E DEFECT AND SUBSEQUENTLY THE APPEAL WAS FIXED FOR 25.02.2015 . EVEN THOUGH THE ASSESSEE BROUGHT THE OFFICIAL LIQUIDATOR BUT DID NOT SUBMIT THE AMENDED FORM NO. 36 ALONG WITH GROUNDS OF APPEAL DULY SIGNED BY THE OFFICIAL LIQUIDATOR. O N THE VERY SAME BASIS, THE ADJOURNMENT WAS SOUGHT, WHICH THE LEARNED DR HAS VEHEMENTLY OBJECTED. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS ON THE MAINTAINABILITY OF THE APPEAL. THIS IS AN ADMITTED FACT THAT IN THIS CASE THE OFFICIAL LIQUIDATOR HAS BEEN APPOINTED BY THE HON BLE HI GH COURT VIDE ITS ORDER DATED 12.10.1999. THE APPEAL HAS BEEN FILED BY SIGNING FORM NO. 36 BY ONE ROWENA SHARMA, MAN AGING DIRECTOR OF THE ASSESSEE COMPANY. THE ASSESSEE COMPANY HAD GONE INTO THE LIQUIDATION AND THE LIQUIDATOR HAS BEEN APPOINTED BY THE ORDE R OF THE HON BLE HIGH COURT. ROWENA SHARMA DOES NOT HAVE ANY LOCUS STANDI TO FILE THE APPEAL WHICH HAD TO BE FILED UNDER THE SIGNATURE OF THE LIQUIDATOR APPOINTED BY THE COURT. THE TRIBUNAL HAS GIVEN SUFFICIENT OPPORTUNITY TO RECTIFY THE SAID DEFECT BUT THE ASSESSEE DID NOT RECTIFY THE SAME. SINCE THE ASSESSEE FAILED TO RECTIFY THE DEFECT, WE, THEREFORE, DI SMISS THE APPEAL FILED BY THE ASSESSEE AS NOT ADMITTED. HOWEVER, WE ALLOW THE REQUEST OF THE COUNSEL FOR THE ASSESSEE THAT IF THE A SSESSEE SO CHOOSES, HE MAY FILE FRESH APPEAL WITH 3 IT(SS)A NO. 24/DEL/2011 THE CONTENTIONS DULY SIGNED BY THE LIQUIDATOR IN ACCORDANCE WITH LAW WITHIN 60 DAYS FROM THE DATE OF RECEIPT OF THIS ORDER. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS DISMISSED . THE DECISION IS PRONOUN CED IN THE OPEN COURT ON 2 5 T H FEBRUARY , 2015. S D / - S D / - ( DIVA SINGH ) ( P.K. BANSAL ) JUDICIAL MEMBER ACCOUNTANT MEMBER DAT ED: 2 5 T H FEBRUARY , 2015. RK/ - COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI