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2020 (1) TMI 1394 - NATIONAL COMPANY LAW TRIBUNAL , CHANDIGARH BENCHSeeking restoration of the name of the Company in the Register of Companies - Section 252(3) of the Companies Act, 2013 - whether the Company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored to the register of companies? - HELD THAT:- As per Annexure A-7 of the petition, Income Tax Returns are stated to be filed for the assessment years 2016-17, 2017-18 and 2018-19. The gross total income for the assessment years 2016-17, 2017-18 and 2018-19 is stated to be ₹ 1,47,841/-, NIL and NIL, respectively. The date of filing of the Income Tax Returns for all the assessment year is before the date of striking of the name of the company from the Register of Companies i.e. 11.09.2018 - the petitioner-company has been able to show that it was carrying on business or in operation at the time of its name being struck off from the register of companies. In the submissions made on behalf of the ROC and Income Tax Department, no objection to the restoration of the name of the Company, has been raised. It is therefore, held that the ingredients provided for in Section 252(3) of the Act, are satisfied. The petition is allowed and the name of the company be restored in the Register of Companies, subject to deposit of ₹ 20,000/- as costs with the Pay and Accounts Officer, Ministry of Corporate Affairs within a period of three weeks from the receipt of certified copy of this order.
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