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2018 (3) TMI 1798 - Tri - Companies LawRestoration of name in the register of Registrar of Companies - name was struck off on the ground that the assessee has not filed the return of its income for the year 2010-11 even though the assessee Company has received the amount and that Ld. Assessing Officer has reasons to believe that income has escaped assessment - HELD THAT:- It is seen in the instant case that the Income Tax Department is yet to quantify the tax demand in relation to the Company whose name has been struck off and dissolved based upon the instigation of the persons in the management of the company, namely the 2nd and 3 rd respondent, as evident from the individual affidavits filed by these respondents declaring that the Company (i.e. Nexus Marketing Private Limited) does not have any dues towards Income Tax or any other Central or State Government Department/Authorities or any Local Authorities. Income Tax Department can fall at best under the category of Creditor, provided tax or any other demand or sum is due under the Act from the Company which had been struck off. In the absence of any demand having been raised or even the estimate of tax that may be due having also not been disclosed any where in the appeal, we are unable to appreciate, merely based upon mere reasons to believe on the part of the Income Tax Authority that income has escaped assessment, the department can prefer this appeal seeking for restoration of the name of the Company which has been struck off. Appeal dismissed.
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