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TMI Blog2014 (9) TMI 600X X X X Extracts X X X X X X X X Extracts X X X X ..... ,325 days on the part of the assessee in filing this appeal before the Tribunal and the assessee has moved an application in writing seeking condonation of the said delay. At the time of hearing, it is also noted that this appeal of the assessee company is signed and verified by Shri R.Subba Rao, former Managing Director, and as such, a question also arises with regard to the maintainability of this appeal. In this regard, learned counsel for the assessee submitted that the return of income of the assessee-company for the year under consideration was signed by Shri R.Subba Rao, who was then the Director of the assessee company. Relying on the provisions of Rule 45(2) of the Income-tax Rules, 1962 read with S.140, he contended that Shri R.Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant in this case is a company which is resident in India and the present appeal filed on 15th October, 2011 is signed by Shri R. Subba Rao, who has resigned from the position of Managing Director on 23rd December, 2002 and from the Directorship on 2nd June, 2005. The provisions dealing with Form of Appeal to be filed by a company before the Tribunal and the person who is authorized to sign such appeal are contained in Rule 47(1) and 45(2) of Income-tax Rules, 1962 read with S.140 of the Act, which, to the extent relevant for our purpose, are reproduced hereunder. "RULE 47 OF INCOME-TAX RULES, 1962: "Form of appeal and memorandum of cross-objections to Appellate Tribunal. 47. (1) An appeal under sub-section (1) or sub-section (2) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appointed as the receiver of any assets of the company, the return shall be signed and verified by the liquidator referred to in sub-section (1) of section 178; (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 signed and verified by the principal officer thereof; ..............................." 5. It is clearly evident from the relevant provisions, noted above, that an appeal under S.253 to the Appellate Tribunal is required to be filed in the Form prescribed, viz. Form No.36, and the same is to be signed by the persons specified in Sub-rule (2) of Rule 45. As per Sub-rule (2) of Rule 45, the prescribed form of Appeal, the Gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verified by an authorized person, is not maintainable in law, as rightly contended by the Learned Departmental Representative, and the same, in our opinion, is liable to be dismissed at the very threshold. 6. As regards the other contention raised by the learned counsel for the assessee that Shri R.Subba Rao, having become liable to pay the impugned penalty imposed under S.271(1)(c) by the Assessing Officer, has the right to file an appeal before the Tribunal, being an aggrieved party, against the order of the learned CIT(A) confirming the penalty imposed by the Assessing Officer, we are of the view that the right of appeal to the Tribunal is not confined technically to the party who is a party to the appeal, but is a much wider right whic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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