Case Law Details
Osian’s Connoisseurs of Art Pvt. Ltd Vs DCIT (ITAT Mumbai)
ITAT held that once interim resolution professional has been appointed by the NCLT, then earlier Ld. counsel authorized by the Management of the Company has no authority to represent the case and therefore adjournment sought on his behalf was accordingly rejected. The Tribunal in ITA No. 2979 to 2981/Mum/2020 in the case of Orbit Corporation Limited has observed that once the winding up proceedings are initiated against the assessee, the appeals by the assessee as well as Revenue are not maintainable in the present format as the liquidator had not come up before the Tribunal to file the amended Form No. 36A in case the assessee as well as Revenue’s appeal. Under those circumstances, the appeals were held to be non-maintainable.
Following the above finding of the Tribunal (supra), we find that in the instant case also the Form No. 36A has not been amended. Therefore, this appeal is not maintainable in the present format.
FULL TEXT OF THE ORDER OF ITAT MUMBAI
This appeal has been preferred by the assessee against order dated 17.03.2020 passed by the Ld. Principal Commissioner of Income Tax-3, Mumbai (in short ‘PUT’) for assessment year 2015- 16, setting aside the order of the Assessing Officer. The grounds raised by the assessee are reproduced as under:
Please become a Premium member. If you are already a Premium member, login here to access the full content.
