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2019 (5) TMI 1419 - Tri - Companies LawRestoration of name of an assessee company in the Register of ROC, Gujarat, Ahmedabad - the name was struck on such ground that the Respondent No. 2 company did not file its statutory returns e.g. financial statements since its incorporation with the ROC, Gujarat, Ahmedabad HELD THAT:- The assessing officer (ITO) as well as the Competent Authority of the Department are of a considered view that it is a case of escapement of income. In support of their decision, the appellant has annexed copies of relevant documents with the present memo of appeal. The name of such companies not to be deregistered when some legal/ administrative action against it has been initiated or being contemplated - In the present matter, it is undisputed position that the income tax department has already taken a conscious/ administrative decision against the Respondent No. 2 company on alleged escapement of income from assessment during the relevant financial year, hence, its name ought not to be removed. It would be just and proper to restore the name of the company M/s. Swaroop Health Care Pvt. Ltd. In the register maintained by the Registrar of Companies, Ahmedabad so as to enable the Income Tax Department to initiate or to proceed with its statutory action/ proceedings in respect of the assessee company (R-2) and further to give an opportunity to other regulatory authorities to take Judicial/ Legal actions in accordance with Law in respect of the Respondent Company - appeal allowed.
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