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Issues: Whether the appeal was maintainable when Form No. 36 was not verified by the person authorised under the Income-tax Rules and Section 140 of the Income-tax Act, 1961.
Analysis: The appeal memo in Form No. 36 was required to be signed and verified in accordance with Rule 47(1) read with Rule 45(3) of the Income-tax Rules, 1962. The person competent to verify the return of income for a company under Section 140 of the Income-tax Act, 1961 was the Managing Director, or in his absence, a Director. The appeal was verified by the authorised representative and not by the competent company functionary. The defect went to the validity of the appeal itself.
Conclusion: The appeal was not a valid appeal and was dismissed in limine.