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2022 (8) TMI 1205 - Tri - Companies LawSeeking restoration of the name of the respondent Company, i.e., M/s. Ghantakaran Mahavir Developers Pvt. Ltd. in the register maintained by the Registrar of Companies - Section 252(3) of the Companies Act, 2013 - HELD THAT:- To render assessment order valid in the eyes of Law and to enable the Appellant to take steps for recovery of taxes and for any further consequential proceedings, the respondent company's name needs to be restored to the Register of Registrar of Companies as if the name of the company was never struck off. Denial to restore the name of the respondent company in the Register of the RoC will not only condone the wrong doing of the respondent company but it will also encourage escapement of tax liabilities by such subterfuge, which will be prejudicial to the interest of the revenue in the long run. With respect to the objections raised by the Respondent No. 2 with respect to RoC not following the procedure required under law, the provisions of the Companies Act, 2013 r/w respective Rules, the respondent has right to approach the appropriate Court for quashing the order of striking off of the company. This Tribunal is required to consider whether the appellant is entitled u/s. 252(1)/252(3) of the Companies Act, 2013, for any order or not. The other objections is that the appellant has failed to establish prima-facie case of being a creditor to approach this Tribunal u/s. 252 of the Companies Act, 2013 on the ground that mere notice by the I.T. Department u/s. 148 of the I.T. Act and on presumption/possibility of any escapement, the appellant does not become creditor. The department can also be considered as aggrieved party as there is apprehension of escapement of tax from Respondent No. 2 and qualify u/s. 252(1) of the Act - the instructions issued by the Ministry of Finance, CBDT are required to be followed/complied by the appellant and hence, this appeal needs to be entertained. The Registrar of Companies is directed to restore the name of the Respondent Company in the Register of RoC - application allowed.
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