9911796707
TMI Blog2016 (9) TMI 1213X X X X Extracts X X X X X X X X Extracts X X X X ..... on 249 of the Act r.w. Rule 45 of the I.T. Rules, 1962, as it is only on filing of a valid appeal which is signed and verified by a duly authorised person as required under law that the process of appeal is set into motion. However, we find that the CIT(A) after arriving at the aforesaid observation and therein concluding that the appeal in the present case, as required under Section 249 r.w Rule 45 was statutorily required to be signed and verified by the managing director of the assessee company, had thereafter hushed through the matter and lost sight of the fact that at the relevant point of time when the appeal was signed and filed, i.e. as on 05.01.2012 and 06.01.2012, respectively, due to unavailability of the managing director of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l raised by the assessee company read as under: "1. In the facts and circumstances of the case and in law, the Commissioner of Income tax (A) erred in dismissing the appeal by overlooking the fact that there was no managing director during the period in which the appeal was signed and filed and also disregarding the resolution and clarification given in this regard. 2. In the facts and circumstances of the case and in law, the Learned Assessing Officer erred in adding ₹ 6,98,043/- out of provision for bad and doubtful debts even though the same is created as per RBI norms. 3. In the facts and circumstances of the case and in law, the Learned Assessing Officer erred in disallowing ₹ 15,32,997/- u/s 36(1)(va) r.w.s. 2(24)( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0,878/- Total ₹ 26,67,805/- , assessed the total income at ₹ 38,66,29,720/-. 4. The assessee company being aggrieved with the assessment so framed, filed an appeal with the CIT(A)-2 Mumbai as on 06.01.2012, wherein the 'Memorandum of appeal' was signed by one Shri C. R. Mulky, Chief General Manager of the assessee company. That during the course of hearing of the appeal, the CIT(A) being of the view that as the appeal filed by the assessee company was not signed by its managing director, as required u/s 249 r.w. Rule 45 of the Income tax Rules, 1962, the same thus being non est in the eyes of law could not be entertained, therefore dismissed the appeal at the very threshold. 5. The assessee company assailing both the declin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fy the aforesaid factual position, therein drew our attention to the extract of the minutes of the board meeting held on 17th October, 2011, as per which Sh. C.R. Mulky was duly authorised to exercise the powers and duties of the Chief executive officer during the period when Sh. Bhaskar K. Amin would be on leave or remain absent till his retirement on 31st January, 2012. The Ld. A.R further took us through an 'Affidavit' of Sh. C.R. Mulky, dated 16th January, 2015, wherein it was clearly deposed by him that pursuant to the board resolution dated. 17.10.2011, he was duly authorized by the assessee company to file letters, documents and appeal papers with the income tax department pertaining to A.Y. 2009-10. In the backdrop of the aforesaid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the present appeal revolves around the fact as to whether the memorandum of appeal filed by the assessee company with the CIT(A)-2, Mumbai, had been signed and verified by a duly authorised person or not. We are in agreement with the observation of the CIT(A) that there cannot be any escape as regards carrying out compliance of the statutory requirement of signing and verification of the memorandum of appeal by an authorised person in terms of Section 249 of the Act r.w. Rule 45 of the I.T. Rules, 1962, as it is only on filing of a valid appeal which is signed and verified by a duly authorised person as required under law that the process of appeal is set into motion. However, we find that the CIT(A) after arriving at the aforesaid obs ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
