Case Law Details
Jet Airways (India) Limited Vs DCIT (ITAT Mumbai)
According to the provisions of Section 140(c) of The Income Tax Act, in case of a company which has been referred to the insolvency resolution process of the insolvency and bankruptcy code, 2013 (31 of 2016) the return be verified by the insolvency resolution professional appointed by National Company Law Tribunal.
In fact the insolvency resolution professional (IRP) appointed has not signed and verified these appeals in accordance with the provisions of Section 140 of the income tax act. In view of this we dismiss all these 4 appeals as not maintainable. However, we give liberty to the insolvency resolution professional to file these appeal in prescribed manner.
FULL TEXT OF THE ORDER OF ITAT MUMBAI
1. These are the 4 appeals filed by the JET AIRWAYS (INDIA ) LIMITED for assessment year 2012 – 13 to 2015 – 16 . On verification of all these 4 appeals it was found that these appeals have been signed by Mr. Sundaram Ramesh , who is not an IRP. There is no authority also in favour of the above person.
2. According to the provisions of Section 140 ( C ) (C) of The Income Tax Act, in case of a company which has been referred to the insolvency resolution process of the insolvency and bankruptcy code, 2013 (31 of 2016) the return be verified by the insolvency resolution professional appointed by National Company Law Tribunal.
3. The notification NOTIFICATION G.S.R. 578(E) [NO. 93/2021/F.NO. 370142/34/2021 also prescribes as under :-
12AA. Prescribed person for the purposes of clause (c) and clause (cd) of section 140.—For the purpose of clause (c) or clause (cd), as the case may be, of section 140, any other person shall be the person, appointed by the Adjudicating Authority for discharging the duties and functions of an interim resolution professional, a resolution professional, or a liquidator, as the case may be, under the Insolvency and Bankruptcy Code, 2016 (31 of 2016) and the rules and regulations made thereunder.
Explanation.—For the purposes of this rule, “Adjudicating Authority” shall have the same meaning as assigned to it in clause (1) of section 5 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016).”.
4. In fact the insolvency resolution professional appointed has not signed and verified these appeals in accordance with the provisions of Section 140 of the income tax act. In view of this we dismiss all these 4 appeals as not maintainable. However, we give liberty to the insolvency resolution professional to file these appeal in prescribed manner.
5. In the result, all these 4 appeals are dismissed as not maintainable.
Order pronounced in the open court on 30/11/2022.
