9911796707
TMI Blog2014 (9) TMI 600X X X X Extracts X X X X X X X X Extracts X X X X ..... i R.Subba Rao was neither Managing director nor Director of the assessee company as on 15th day of September, 2011 when the present appeal was filed in the case of the assessee -company. In our considered opinion, he, therefore, is not an authorized person to sign and verify the present appeal filed in the case of the appellant company. Even if Shri Subba Rao can be said to be an aggrieved assessee having become liable to pay the tax/penalty in his individual capacity, he can exercise the right to file the appeal before the Tribunal in his individual capacity in accordance with law, but he cannot file an appeal in the name of the assessee company, since he is not authorised to do so, as held by us after analyising the relevant provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the Managing Directorship of the assessee company on 23rd Decembeer, 2002 and from the Directorship of the assessee company on 2nd June, 2005 and thus, was no more a Director on the date of filing of the present appeal. He also contended that a notice dated 16th August, 2011 was issued by the Assessing Officer to Shri R.Subba Rao, requiring him to pay the impugned penalty imposed on the assessee company, and therefore, he is an aggrieved assessee, who is competent to file an appeal against the order of the learned Commissioner of Income-tax(Appeals) confirming the penalty imposed by the Assessing Officer under S.271(1)(c) of the Act, as per the provisions of S.253 of the Act. 3. Learned Departmental Representative on the other hand, s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is made by the assessee, the form of appeal, the grounds of appeal and the form of verification appended thereto shall be signed by the person specified in sub-rule (2) of rule 45. .. RULE 45 OF INCOME-TAX RULES, 1962: 45. (1) . (2) The form of appeal prescribed by sub-rule (1), the grounds of appeal and the form of verification appended thereto relating to an assessee shall be signed and verified by the person who is authorised to sign the return of income under section 140 of the Income-tax Act, 1961, as applicable to the assessee. S.140 OF THE Income Tax Act,1961 : Return by whom to be signed. 140. The return under section 139 shall be signed and verified a) in the case of an individual, .. b) i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ho is authorized to sign the return of income under S.140 of the Income Tax Act,1961. As per S.140 of the Income Tax Act,1961, the return of income under S.139 has to be signed and verified, in the case of a company, resident in India, by the Managing Director thereof, or where for any inevitable reason such Managing Director is not able to sign and verify the return or where there is no Managing Director, by any Director thereof. A combined reading of these relevant provisions makes it abundantly clear that the person who is the Managing Director of the assessee company, or its Director in certain circumstances, on the date of the filing of the return only can sign and verify the return in the case of a company, It therefore, follows that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . However, in such a case, even if Shri Subba Rao can be said to be an aggrieved assessee having become liable to pay the tax/penalty in his individual capacity, he can exercise the right to file the appeal before the Tribunal in his individual capacity in accordance with law, but he cannot file an appeal in the name of the assessee company, since he is not authorised to do so, as held by us after analyising the relevant provisions of law. 7. For the reasons given above, we hold that the present appeal filed in the case of the assessee-company is not maintainable and the same is accordingly dismissed at the threshold. In view our decision on the aspect of maintainability of this appeal, we do not consider it necessary or expedient to dea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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