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| The Tax Publishers2020 TaxPub(DT) 2208 (Del-Trib) INCOME TAX ACT, 1961
Section 253
According to provisions of section 140(c), first proviso says that where company is not a resident in India, the return may be verified by a person who holds a valid power of attorney from such company to do so, since it was not clear whether person authorized was holding a valid power of attorney from such company to verify the return of income of the assessee as provided under section 140(c), therefore appeal filed by assessee was dismissed.
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Appeal (Tribunal) - Defect in appeal - Appeal signed by person not so competent -
This appeal was filed by company, which was registered in U K. According to the provisions of section 253(6), appeal to the appellate tribunal should be filed in prescribed form and shall be verified in the prescribed manner. According to rule 47(1) of The Income Tax Rules 1962, the appeal should be signed by persons specified in sub-rule 3 of rule 45. In respect to that sub-rule, the form of appeal shall be verified by the person who is authorised to verify the return of income under section 140 as applicable to the assessee. Held: According to provisions of section 140(c), first proviso says that where company is not a resident in India, the return may be verified by a person who holds a valid power of attorney from such company to do so. Mr. A was only authorised to sign and verify the documents for filing of appeal before coordinate bench. Therefore, it was not clear whether Mr. A was holding a valid power of attorney from such company to verify the return of income of the assessee as provided under section 140(c). Therefore, appeal filed by assessee was dismissed.
REFERRED :
FAVOUR : Against the assessee
A.Y. :
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