Case Law Details
Kuber Mutual Benefits Ltd. Vs. ACIT (ITAT Delhi)- It is not in dispute that assessee company is under liquidation and official liquidator stands already appointed by the order of the Hon’ble Court. As per Companies Act, 1956, no doubt, powers of liquidator which includes the power to defend legal proceedings, civil or criminal are to be in the name and on behalf of the company. Section 178 of the I.T. Act, 1961 recognizes the official liquidator as the concerned person in the case company is under liquidation. Similarly section 2 (7) defines the word “assessee”. It includes such persons also as assessee who are deemed to be an assessee under any provision of this Act.
Section 253(1) provides that an assessee aggrieved, may appeal to ITAT against such order and Rule 47(1) prescribes form No.36 for filing appeal which shall be signed by the person specified in Rule 45(2) of the I.T. Rules, 1962. Rule 45(2) provides that form No.36 shall be filed by the person who is authorized to sign the return u/s 140 of the Act. Second proviso to section 140(c) provides that in case of the company which is being wound up, it shall be singed by the liquidator. From the above noted provisions, it becomes amply clear that when the company is under liquidation, appeal could only be filed by the official liquidator. So appeal verified and singed by the managing director cannot be held to be valid appeal. As such, considering entirety of facts, circumstances and material on record in the light of relevant provisions of law, on the issue of maintainability of the appeal, when not singed by the competent person, it is held that such appeal is not maintainable. Hence, dismissed.
INCOME TAX APPELLATE TRIBUNAL, DELHI
ITA No. 1193/Del./2011 – (Assessment Year : 1999- 2000)
M/s Kuber Mutual Benefits Ltd.
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I have filled all the relevant document with affidavit in hon”ble high court Allahabad in 2008. But till date I have no response from official liquidator and I also do not know the current status of case Kuber mutual benefits ltd
I have invested Rs. 10000/- ,in 1995, how can i get my money back please help me.
I also invested in Kuber Mutual Benefit in Nov 1995 In Noida. What is happening now I am not aware . T whom I shoud approach. My investment appx 78 Thousand since 1995 this amount is with Mr PK Sharma.
some
MOBILE -09425001938
I had invested Rs 30000=00 dated 10.02.1998 on Kuber mutual benefits ltd for one year FDR and received certificates nos-245566,245567,245568 for ten thousands each,muturity value is Rs 11608 for each certificates on dated 11.02.1999.similarly I had invested in the name of my daughter miss Ranjana bagri in KUBER PLANTERS LTD NEW DELHI For Rs 15000 dated-01.03.1998,certificates nos are 538959,538960,538961 for Rs 5000 each,and maturity value is Rs 32000 each on dated 19.02.2006.Also INVESTED IN THE NAME OF MY HUSBAND MR LALJI BAGRI IN RD ACCOUNT -1036/98 IN MANKAPUR OFFICE GONDA UP FOR RS 1500 EACH MONTH FOR 8 MONTH(TOTAL AMOUNT IS RS 12000).IF U HAVE ANY INFORMATION ABOUT REFUND ,KINDLY INFORM ME.THANKS
Dear All,
Can any body get any details about the procedure to get the money back, who had invested in Kuber mutual benefits limited…???
Thanks and Regards
Arun Kumar Sahoo
9500032243
I was submitted applications and form formalities in LIQUIDATION for redumption of payment of Rs. 60000/= invested in KUBER MUTUAL BENEFITS LTD., but i lost totally apx. 120000/= sum of Rs. which is invested in different of Kuber Groups, I Have already send F.D. Details to Allahabad High court – Liquidator BUT THERE ARE NO RESPONSE FROM them. I think thru’ the same company apx. 1 lacs investors has lost his money and Mr.Sharma enjoying with the same in Delhi after RBI Enquiry. Hence with the such incident public makes totally fool, when SAHARA GROUP CMD’S are kept in GAIL then why such peoples are leaving freely ?????????????. It means the govt. are also involve in whole of episode to make it delayed, so that investors are forbid his investments and no bodies will asked in this regard. When the PROPERTIES OF KUBER GROUP WERE there then why its were delayed since more than 15 years ago.????????TILL TODAY LIQUIDTOR has not occupy kuber properties ??????????????.
TOTALLY INVESTORS ARE FOOL IN WHOLE OF WORLD NO ONE WANTS TO GIVE SINGLE OF RUPEE WITHOUT ANY >>>>>>>>>>>>>>>>>>>>>HEAVY PRESSURE, SO INVESTORS MUST BE MAKE A MEETINGS AGAINST LIQUIDATOR AND RBI AND KUBER ???????????????
I have deposited Rs.30000/- with Kuber Mutual Benefits Ltd. Bhubaneswar Branch vide FD no.219159 dated 7.10.1998. Please let me know how can proceed for refund of the money as we could not hear regarding the Allahabad High Court orders dated 18th July, 2008 for appointment of Shri B.K.L.Srivastava (Attached to High Courts of UP & Uttarakhand),33,Tashkent Marg, Civil Lines, Allahabad-211002 as official liquidator for Kuber Mutual Benefits Ltd and the claim forms.
ob.No.09861011090
E-mail.: susantakvs@gmail.com
I have deposited Rs.30000/- with Kuber Mutual Benefits Ltd. Bhubaneswar Branch vide FD no.219159 dated 7.10.1998. Please let me know how can proceed for refund of the money as we could not hear regarding the Allahabad High Court orders dated 18th July, 2008 for appointment of Shri B.K.L.Srivastava (Attached to High Courts of UP & Uttarakhand),33,Tashkent Marg, Civil Lines, Allahabad-211002 as official liquidator for Kuber Mutual Benefits Ltd and the claim forms.
I have also deposited Rs.44500/- with Kuber Mutual Benefits Ltd. Lucknow vide CDS nos.1923/97. 1922/97, 2690/98 and 1937/97. She has also 3 RD accounts with the above Co. for which the complete instalments had been deposited. Please let me know how she can proceed for refund of the money as we could not hear regarding the Allahabad High Court orders dated 18th July, 2008 for appointment of Shri B.K.L.Srivastava (Attached to High Courts of UP & Uttarakhand),33,Tashkent Marg, Civil Lines, Allahabad-211002 as official liquidator for Kuber Mutual Benefits Ltd and the claim forms.
Richa
I invested about Rs. 80000/- in this company along with my wife name with FDR No. KMBL- 034781 034783, 093927, 093929, 034782, 034784, 093928, 093930.
After maturity above could not be pay me.
A.K.Sharma
9878005617
email- anilsharma5762@yahoo.in
I invested about Rs. 80000/- in this company along with my wife name with FDR No. KMBL- 034781 034783, 093927, 093929, 034782, 034784, 093928, 093930.
After maturity above could not be pay me.I submite my case to official liquidatore Allahabad on dated 11.6.2004, but till no action
A.K.Sharma
9878005617
email- anilsharma5762@yahoo.in
I was amply of kuber finance india ltd.from91 to 1999.i had deposited 50to 60000.but I lost my service and my deposit. I have already send f. d. detail to Allahabad high court .but there are no response from court. I feel very sad. I am very depressed.
if you have any information about this company. Please send me.
thanks,
Alka sharma
alkasharma01958@gmail.com