As per sec 178 of IT Act official liquidator is the concerned person in liquidation and sec 2(7) definie assessee is the person who deemed to be under any provision and can appe

Last updated: 16 February 2012

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
At the time of hearing of the appeal on 30.01.2012, the Counsel for Shri P.K. Sharma, managing director of the assessee company was specifically asked to show the competence of managing director to file the present appeal when assessee company is already under liquidation and official liquidator, Shri B.K.L. Srivastava, 33, Tashkand Marg, Civil Lines, Allahabad (U.P.) has been appointed by the Hon’ble Allahabad High Court. Shri P.K. Sharma, managing director of assessee company through his Counsel has though admitted that no doubt, Shri B.K.L. Srivastava has been appointed by the court as official liquidator, yet appeal can be filed by the company through its managing director. The Counsel for Shri P.K. Sharma was given time to explain the maintainability of the appeal signed, verified and filed by managing director of the company under liquidation. The case was adjourned for 31.01.2012

Citation :
M/s Kuber Mutual Benefits Ltd., C/o Raj Kumar & Associates, CA, 4435/7, Ansari Road, Darya Ganj,New Delhi.(PAN/GIR No.AAACK4639E)(Appellant) Vs.ACIT, Circle 5(1),New Delhi.(Respondent)