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2020 (12) TMI 80

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..... 3-03-2019 dismissed the Appeal No- CIT(A)-20/IT-10131/2016-17 instituted on 30-01-2016 on basis of non verification of Form-35 by the Managing Director or Director. b) According to Rule 45 of Income Tax rules, 1962, Form 35 should be verified by the person who is authorized to verify return u/s Section 140 of Income Tax Act, 1961. c) Form-35 instituted on 30-04-2016 was duly signed by Ajay Malshi Dedhia who is the Director of M/S Asmi Buildcon Pvt. Ltd., authorized to sign as provided in Rule-45 read with Section 140 of Income Tax Act, 1961. d) The system permitted to write the name of the appellant in the verification and hence the name of the appellant only was written in the place of name of appellant. e) Your appellant strongly .....

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..... nder sub-clause (i); (b) in a case where the assessee has the option to furnish the return of income in paper form, by furnishing the form electronically in accordance with clause (a) of sub-rule(2) or in paper form. (3) The form of appeal referred to in sub-rule (1), shall be verified by the person who is authorised to verify the return of income under section 140 of the Act, as applicable to the assessee. (4) Any document accompanying Farm No. 35 shall be furnished in the manner in which the said form is furnished. (5) The Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems), as the case may be, shall- (i) specify the procedure for electronic filing of Form No.35 and documents; (ii .....

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..... (b) where the management of the company has been taken over by the Central Government or any State Government under any law, the return of the company shall be verified by the principal officer thereof; or (c) where in respect of a company, applicable for corporate insolvency resolution process has been admitted by the Adjudicating Authority under section 7 or section 9 or section 10 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the return shall be verified by the insolvency professional appointed by such Adjudicating Authority. Explanation. - For the purposes of this clause the expressions "insolvency professional" and "Adjudicating Authority" shall hove the respective meanings assigned to them in clause (18) of section 3 a .....

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