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2012 (4) TMI 292 - AT - Income TaxPlea for admission of appeal for waiver of penalty levied u/s 271(1)(c) – assessee being defunct company struck off from the records of ROC on 27.05.2010 - CIT(A) dismissed the appeal on ground that since company is non-existent, there cannot be any director who can sign the verification for the filing of appeal – Held that:- It is surprising that Revenue has considered the said company as existing for levy of demand and penalty and on other hand dismissed the appeal on ground of it being non-existent. Therefore, in a situation, where a defunct company can be revived and the directors are responsible for every lawful liability then in our considered opinion they are also entitled to file an appeal u/s 246 and verify the Form No. 35 by signing in the capacity of director. CIT(A) is directed to admit the appeal – Decided in favor of petitioner.
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