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TMI Blog2024 (10) TMI 341X X X X Extracts X X X X X X X X Extracts X X X X ..... appended thereto by the person specified in Rule 45(3) of Income Tax Rules 1962. Rule 45(3) prescribes that the form of appeal (Form No.35) shall be verified by the person who is authorized to verify the return of income u/s 140 of the Act as applicable to the assesse. Thus, form no. 35 shall be signed and verified by the person who is authorized to verify the return of income u/s 140 of the Act. Section 140 of Income Tax Act prescribes the person who is authorized/competent to verify the return of income and as per clause(c) of section 140 the Managing Director of a company is the person competent to verify the return of income of company and also memo of appeal in form 36 in view of section Rule 47(1) r.w. Rule 45(3) of the Income Tax Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account of alleged bogus accommodation entries disregarding the facts of the case, patent deficiencies in the assessment order and explanations submitted by the appellant. 3. The Appellant craves leave to amend, alter, add or delete all or any of the above grounds of appeal. 2. The assessee is a Pvt. Ltd. Company. There was a search and seizure action u/s 132 of Income Tax in case of Mr. Vipul Vidur Bhatt and related entities on 09.02.2016. During the search and seizure action statement of Shri Vipul Vidur Batt was recorded u/s 132(4) in which he accepted that he is an entry operator and all 11 companies were bogus entries of the companies used for providing various bogus entities /entries to the beneficiaries for commission. Based on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be signed by the person specified in 86[sub-rule (3)] of rule 45]. 2) A memorandum of cross-objections under sub-section (4) of section 253 to the Appellate Tribunal shall be made in Form No. 36A 85[, and where the memorandum of cross-objection is made by the assessee, the form of memorandum of cross- objections, the grounds of cross-objections and the form of verification appended thereto shall be signed by the person specified in [sub-rule (3)] of rule 45]. 4.1 Thus, it is clear that the appeal u/s 253(1) to the Tribunal shall be made in form no.36 and the grounds of appeal shall be duly verified and appended thereto by the person specified in Rule 45(3) of Income Tax Rules 1962. Rule 45(3) prescribes that the form of appeal (Form ..... X X X X Extracts X X X X X X X X Extracts X X X X
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