M/S. KARUTURI GLOBAL LIMITED,BANGALORE V. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(1), BANGALORE

ITA 2658/BANG/2019

AI Insights

Karuturi Global Ltd., under liquidation, filed an appeal against the assessment order for the year 2015-16 passed by the Deputy Commissioner of Income Tax, Bengaluru. The appeal was initially filed by the Managing Director of the company. However, during the proceedings, it was noted that the company was under liquidation, and the Liquidator had not pursued the appeal nor filed an amended Form 36B to represent the company. Consequently, the tribunal dismissed the appeal on the grounds of non-maintainability, emphasizing that post-liquidation, only the Liquidator has the authority to pursue such appeals.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 782014 (ITAT-BANGALORE)
• Duration Of Justice: 5 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-10-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 30-12-2019
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Liquidation
• Section: 143(3)

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : BANGALORE BEFORE SHRI PRASHANT MAHARISHI, VICE PRESIDENT AND SHRI SOUNDARARAJAN K., JUDICIAL MEMBER IT(TP)A No.2658/Bang/2019 Assessment year : 2015-16 Karuturi Global Ltd., Bengaluru. [ under liquidation] PAN: AAACK 8275A Shri A.C. Suresh Muthukrishnan, Chartered Accountant, No.3DC-118, Ground Floor, 3rd D Cross, 2nd Main Road, Kasturi Nagar, Bangalore – 560 043. Vs. The Deputy Commissioner of Income Tax, Circle 4(1)(1), Bengaluru. APPELLANT RESPONDENT Appellant by : None. Respondent by : Shri Somnath S. Ukkali, CIT(DR)(ITAT), Bengaluru. Date of hearing : 29.10.2025 Date of Pronouncement : 30.10.2025 Printed from counselvise.com IT(TP)A No.2658/Bang/2019 Page 2 of 3 O R D E R Per Prashant Maharishi, Vice President 1. This appeal is filed by Karuturi Global Ltd. (the assessee/appellant) for the assessment year 2015-16 against the assessment order passed by the DCIT, Circle 4(1)(1), Bengaluru u/s. 143(3) r.w.s. 92CA of the Income-tax Act, 1961 [the Act] dated 28.10.2019. 2. At the time of hearing, it was found that this appeal is filed by Mr. Sai Rama Krishna Karuturi, MD of the company. Vide email dated 28.10.2025 it has been mentioned that the above company is under liquidation. The Liquidator has also filed a letter of authorisation in the name of one CA. In the memo for adjournment submitted at the time of earlier hearings in 2022, it is mentioned that the above company is under liquidation and Liquidator is appointed. However, the neither the Liquidator has filed an amended Form 36B nor instructed anybody to represent its case. 3. In view of the above facts, the appeal is now no more maintainable for the reason that :- (i) it is not pursued by the Liquidator; & (ii) no Form 36B is available. 4. This is so for the reason that as soon as the matter is admitted for liquidation, the Managing Director of the Company becomes functus officio and only the Liquidator can pursue this appeal. In such case, Printed from counselvise.com IT(TP)A No.2658/Bang/2019 Page 3 of 3 the Liquidator should have substituted Form 36B. Even otherwise, if the outstanding dues involved in this appeal are not part of the statement of Assets & Liabilities of the Company, the appeal also becomes infructuous. 5. Accordingly we dismiss this appeal with a liberty to the Liquidator that if he wishes to pursue this appeal, he may file an application for restoration of the appeal along with the amended Form 36B. 6. In the result, the appeal filed by the assessee is dismissed. Pronounced in the open court on this 30th day of October, 2025. Sd/- Sd/- ( SOUNDARARAJAN K. ) ( PRASHANT MAHARISHI ) JUDICIAL MEMBER VICE PRESIDENT Bangalore, Dated, the 30th October, 2025. /Desai S Murthy / Copy to: 1. Appellant 2. Respondent 3. Pr. CIT 4. CIT(A) 5. DR, ITAT, Bangalore. By order Assistant Registrar ITAT, Bangalore. Printed from counselvise.com "