Home Case Index All Cases Companies Law Companies Law + Tri Companies Law - 2018 (8) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 1842 - Tri - Companies LawRestoration of name of the company in the Register of Companies maintained by the Respondent - name was struck off on the ground of continuous non-filing of the statutory returns (which are required to be filed under the Companies Act) and company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under section 455 - HELD THAT:- The Company is not carrying any business or operation as defined u/s 248(l)(c) of the Companies Act, 2013. Upon perusal of the documents, affidavits submitted by the applicant company, the advocate appeared for Applicant Company has also confirmed during the hearing that the company did not generate any Income/Revenue from its operations since incorporation. It is also noted that the company did not open even a bank account and till date no financial transaction taken place in the company. The company also submitted that it has neither conducted any AGM nor filed any Income Tax Returns since incorporation. Further it is also noted that the company has not submitted any of its audited balance sheets along with the petition. All the above factual details including that the company did not even open a bank account substantiate the criteria that the company is not carrying on any business or operation as defined under section 248 of the Companies Act, 2013 therefore, the action taken by ROC is justified and the Bench did not find any ground to interfere with action of striking off by ROC - the Bench has not found any justifiable/reasonable grounds to interfere with the action taken by the Government of India/ROC in striking off Lakhs of name of companies including the petitioner company. Petition dismissed.
|