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2014 (9) TMI 600 - AT - Income TaxPenalty u/s 271(1)(c) - aggrieved person - filing appeal on behalf of company - revenue contended that Shri R.Subba Rao was neither a Director nor a Managing director of the assessee company on that date, he is not a person authorised either to file the return of income of the assessee company on that date as per S.140 of the Act - Held that:- a person who is Managing Director or Director, as the case may be, of the company, on the date of filing of the appeal before the Tribunal is only auhorised to sign and verify the appeal filed before the Tribunal in the case of a company. In the present case, Shri 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 of law - Appeal is not maintainable - Decided against assessee.
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