2018 (9) TMI 349

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....015 wherein the income of the assessee has been determined at Rs. 444.08 Lacs as against 'Nil' return e-filed by the assessee on 29/09/2012. The same, upon confirmation by Ld. CIT(A), is being agitated before us. 2. None has appeared for assessee and no valid adjournment application is on record. Left with no option, we proceed to dispose-off the same on the basis of material available on record after hearing Ld. Departmental Representative [DR], Shri Rajeev Gubangotra, who raised a preliminary issue as to admissibility / validity of the instant appeal. 3. At the outset, upon perusal of order sheet entry dated 10/05/2018, we find that the bench had noticed that the appeal has been filed / signed / verified by the ex-director of the co....

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....ppeal. 5. 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 Section 140 of the Act, which, to the extent relevant for our purpose, are reproduced hereunder:- Rule 47 of Income Tax Rules, 1962:- "47. Form of appeal and memorandum of cross-objections to Appellate Tribunal.- (1) An appeal under sub-section (1) or sub-section (2) of section 253 to the Appellate Tribunal shall be made in Form No. 36 , and where the appeal is made by the assessee, the form of appeal, the grounds of appeal and the form of verification appended thereto shall be signed by the person ....

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....ection 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; ****** 6. Upon perusal of above provisions, it is clearly evident that an appeal u/s 253 to the Tribunal is required to be filed in prescribed 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 Grounds of Appeal and the Form of Verification appended thereto, are required to be signed and verified by the person who is authorized to sign the return of income under Section 140 of the Income Ta....