1988 (3) TMI 149 - AT - Income Tax

Court allows firms to rectify appeal signature issues, stresses partner signatures' importance for timely consideration.

RAGHAVA VEERA INDUSTRIES & ORS. Versus 9TH INCOME TAX OFFICER.

The court set aside the CIT(A)'s dismissal of appeals by different firms, directing the assessees to file appeals signed by partners within a reasonable ... - Issues:- Competency of appeals filed by power of attorney holder- Requirement of appeal to be signed by managing partner of a firm- Condonation of delay in filing appeals- Validity of appeals filed by power of attorney holder- Dismissal of appeals by CIT(A) based on technical groundsAnalysis:The judgment involves four appeals by different firms against the CIT(A)'s dismissal of appeals due to incompetency as the appeal memos were not filed by the partner, and in one case, delayed by four years without reasonable cause. The appeals were filed by a power of attorney holder, raising the issue of whether the managing partner of a firm must sign the appeal. The relevant rules state that in the case of a firm, the appeal must be signed by the managing partner or any other partner if the managing partner is unable to sign. The partnership deeds of the firms did not specify managing partners except in one case. The court found that the appeals should have been signed by the managing partner, except in the case where the partnership deed designated managing partners.The CIT(A) dismissed the appeals stating they were incompetent as not filed by the partner, even though the power of attorney holder had filed them. The court considered the plea of the assessee that time should have been granted to file fresh appeals signed by the partner. In one case, an appeal signed by the managing partner was filed but considered out of time. The court discussed a case law emphasizing that the absence of the appellant's signature is an irregularity, not affecting the court's jurisdiction. The court held that the CIT(A) should have allowed the assessees to file appeals signed by a partner and considered them in time.The court set aside the CIT(A)'s orders, directing an opportunity for the assessees to file appeals signed by partners within a reasonable time. The appeals were to be considered in time based on the original filing date. In one case where the managing partner had filed an appeal, it was considered valid and in time. The court allowed all the appeals, emphasizing the need for proper signatures by partners and granting an opportunity to rectify the irregularities before disposing of the appeals on merits.