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2019 (6) TMI 1686 - NATIONAL COMPANY LAW TRIBUNAL, ALLAHABADRestoration of name of company - the name of the company was struck off after duly complying with the provisions of Section 248 of the Companies Act, 2013 and after providing reasonable opportunity of being heard to the company, Directors and other Stakeholders. Neither the company furnished any reply to the letters nor filed financial statements and annual returns. - Income Tax Authorities on receipt of notices filed reply stating that, assesse did not file its Income Tax Return for the AY 2010-11, 2011-12, 2012-13, 2013-14, 2014-15 & 2015-16. However, appellants' company for the first time has filed its return of income for the AY 2016-17 and thereafter for the AY 2017-18 and 2018-19. HELD THAT:- The revenue from operations of the Appellants' Company was NIL till 31.03.2017. Company has agricultural land as per the sale deed submitted. The Appellants' Company has not been filing Income Tax Return since AY 2010-11 to 2015-16. It appears that the company is not a going concern, but has some land asset and liabilities and to would be just and equitable in the interest of the Company, its Shareholders and Creditors, the name of the Company be ordered to be restored by this Bench while exercising its jurisdiction U/s 252 of the Companies Act, 2013 read with Rules made thereunder. The Registrar of Companies, the Respondent herein, is ordered to restore the original status of the Appellant Company as if the name of the Company has not been struck off from the Register of Companies and take all consequential actions such as change of Company's status from 'Strike Off to 'Active' (for e-filing), restoration of status of DIN etc. The Appellant Company is directed to file all the statutory document(s) along with prescribed fees/additional fee/fine as decided by RoC within thirty days from the date on which its name is restored on the Register of Companies by the RoC besides Income Tax Returns.
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