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2020 (11) TMI 250 - Tri - Companies LawRestoration of the name of the strike off Company in the Register of Companies - Section 252(3) of the Companies Act, 2013 - HELD THAT:- As per report of the ROC on record, the name of the Company may be restored based upon the facts and material on record with suitable penalty/fine may be imposed for non-compliance of the provisions of the Companies Act, 2013 by the Company/its Directors - It is noted that the name of the company has been struck off without having any communication prior to such exercise with the Income Tax Department. It has resulted in non-recovery of revenue. The demand is not in dispute, hence, to facilitate the recovery of same, in our view it is a just cause to revive the name of the company in the Register of Companies from the date of striking off in the register maintained by ROC, Gujarat, (Dadra & Nagar Haveli). It is made clear that the company is revived only for this limited purpose and its name shall remain in the Register of Companies till the recovery of dues by the Income Tax Department. Hence, requirement for filing of Annual Returns and Annual Financial Statements is waived. The Registrar of Companies, Gujarat, (Dadra & Nagar Haveli) the Respondent No-1, herein, is ordered to restore the name of the Company as if the name of the Company has not been struck off from such Register - application allowed.
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