COMMISSIONER OF INCOME TAX Vs. BHIWANI SYNTHETICS LTD.

JUDGEMENT

(1.) 1765 of 2001 relevant for the asst. yr. 1994 -95. by the managing director or the director of the assessee, which is a company. The return was signed by the general manager (finance) and the company secretary of the assessee.

(2.) The AO, in view of s. 140(c) of the IT Act, 1961, came to the conclusion that since the return was not filed by the managing director or the director, it was non est.

(3.) It may be noted that at no point of time was there any contest on behalf of the assessee that this return was not its return or was not an authorised return or that the general manager (finance) and the company secretary did not have any authority to file the return. On the contrary, there was a power of attorney given by the company in favour of the general manager (finance) to sign the return.