MAA SHEREWALI EXPORTS P. LTD, V. ITO 9(2) 3,

MA 294/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7294 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-11-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2005-2006
• Appeal Filed On: 20-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

1 M/S MAA SHEREWALI EXPORTS P LTD . IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI F BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI P M JAGTAP , AM & SHRI VIJAY PAL RAO, JM MISCELLANEOUS APPLICATIO0N NO.294/MUM/2011 ARISING OUT OF ITA NO.3651/MUM/2009 (ASST YEAR2005-06 ) M/S MAA SHEREWALI EXPORTS P LTD 603 MARI GOLD CHS LTD NEW LINK ROAD ANDHERI (W) MUMBAI - 53 VS THE INCOME TAX OFFICER WARD 9(2)(3), MUMBAI (APPLICANT) (RESPONDENT) PAN NO. AAACM 7112N ASSESSEE BY MS ARTI SATHE REVENUE BY SH PARTHSARTHI NAIK DT.OF HEARING 14 TH OCT 2011 DT OF PRONOUNCEMENT 4 TH , NOV 2011 PER VIJAY PAL RAO, JM THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY ON E MR BOBBYT SURAJ PRAKASH ON BEHALF OF THE ASSESSEE M/S MAA SHEREWALI EXPOR TS P LTD., AGAINST THE ORDER DATED 31.1.2011 OF THIS TRIBUNAL WHEREBY THE APPEAL OF THE REVENUE IN ITA NO.3651/MUM/2009 FOR THE AY 2005-06 WAS ALLOWED. 2 THE APPLICANT BEFORE US HAS SUBMITTED THAT HE IS THE SON OF LATE SHRI SURAJ PRAKASH GIROTRA, ONE OF THE DIRECTORS OF M/S MAA SH EREWALI EXPORTS P LTD, THE COMPANY HAS BEEN DISSOLVED AND THE NAME OF THE COM PANY STRUCK OFF FROM THE REGISTER OF THE REGISTRAR OF COMPANIES; THEREFORE, BY VIRTUE OF PROVISIONS OF SEC. 560 OF THE COMPANIES ACT, 1956 R.W.S 179 OF THE I T ACT, T HE DIRECTOR OF THE COMPANY, NAME OF WHICH HAS BEEN STRUCK OFF FROM THE REGISTER OF THE REGISTRAR OF COMPANIES, IS 2 M/S MAA SHEREWALI EXPORTS P LTD . RESPONSIBLE FOR THE LIABILITY OF SUCH PRIVATE COMPA NY UNDER LIQUIDATION INCLUDING THE TAX LIABILITY. THE ASSESSEE, BEING THE LEGAL HIRE OF THE DECEASED DIRECTOR OF THE DEFUNCT COMPANY URGED THAT THE EX-PARTE ORDER DATED 31.1.2001 BE RECALLED AND A FAIR AND REASONABLE OPPORTUNITY OF HEARING MAY BE G IVEN. 3 THE APPLICANT HAS FILED AN AFFIDAVIT ALONG WITH DEATH CERTIFICATE OF SHRI SURAJ PRAKASH GIROTRA. ON DIRECTION OF THIS BENCH, THE A SSESSEE HAS ALSO FILED A NOTIFICATION OF THE REGISTRAR OF COMPANIES, WHEREBY THE NAME OF M/S MAA SHEREWALI EXPORTS P LTD., HAS BEEN STRUCK OFF REGISTER. 4 WE HAVE HEARD THE LD AR OF THE ASSESSEE AS WELL A S THE LD DR AND CONSIDERED THE RELEVANT MATERIAL ON RECORD. 4.1 AS PER THE NOTIFICATION FILED BY THE LD AR, THE NAME OF THE ASSESSEE COMPANY M/S MAA SHEREWALI EXPORTS P LTD HAS BEEN STRUCK OFF THE REGISTER ON 6.4.2010. THIS BEING THE CASE, THE ORDER PASSED BY THE TRIBUNAL ON 31.1.2011 IS AGAINST NON EXISTENCE ASSESSEE COMPANY WHOSE NAME HAS ALREADY B EEN STRUCK OFF AND THE COMPANY STANDS DISSOLVED VIDE THE NOTIFICATION NO. 557/560 DT 6.4.2010. 4.2 SINCE THE APPLICANT BEFORE US IS A LEGAL HEIR O F ONE OF THE DIRECTORS OF DEFUNCT ASSESSEE COMPANY; THEREFORE, IN VIEW OF THE PROVISI ONS OF SEC. 560 R.W.S 179 OF THE I T ACT, THE APPLICANT HAS LOCUS STANDI, TO DEFEND THE CASE. ACCORDINGLY, WE RECALL THE IMPUGNED ORDER DT 31.1.2011 FOR GIVING AN OPPORTUNI TY TO THE APPLICANT BEING REPRESENTATIVE OF THE DEFUNCT/DISSOLVED/DE-REGISTER ED ASSESSEE COMPANY. THE APPLICANT IS BROUGHT ON RECORD AND IS SUBSTITUTED A S REPRESENTATIVE OF THE ASSESSEE COMPANY M/S MAA SHEREWALI EXPORTS P LTD. THE REVENU E IS DIRECTED TO FILE AN AMENDED MEMO OF APPEAL AND PARTIES. 3 M/S MAA SHEREWALI EXPORTS P LTD . 5 REGISTRY IS DIRECTED TO FIX THE APPEAL OF THE REV ENUE IN THE NORMAL COURSE FOR FINAL HEARING AS PER RULES. THE NOTICE OF HEARING T O BE ISSUED TO THE ASSESSEE THROUGH MR BOBBYT SURAJ PRAKASH RESIDENT OF 42 , 4 TH FLOOR, VILLA ROSA, 24 TH AND 30 TH ROAD, BANDRA (W), MUMBAI 400 050 AS WELL AS THE ADDRESS IN THE FORM 36. MA IS ALLOWED. ORDER PRONOUNCED ON THE 4 TH ,DAY OF NOV 2011. SD/ SD/ ( P M JAGTAP ) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 4 TH , NOV 2011 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI