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2016 (3) TMI 603

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..... ed. 2 It is submitted on behalf of the petitioner that Cube Construction Engineering Limited, the Transferee Company, being the holding company, had earlier filed Company Application No. 3 of 2016, seeking an order that no separate proceedings in respect of the Transferee holding company are required to be undertaken under the provisions of Section 391(2) of the Act. This Court, by an order dated 06.01.2016, passed in Company Application No. 3 of 2016, allowed the said application. Accordingly, no separate petition on behalf of the Transferee Company is filed. 3 Sphere Cube Infrastructure Private Limited, the Transferor Company, filed Company Application No. 2 of 2016, seeking dispensation of the meetings of the Equity Shareholders and Un .....

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..... y be directed to undertake compliance of the Income Tax Act and Rules. 7 In response to the affidavit of the Regional Director dated 10.03.2016, it is submitted by the learned counsel on behalf of the petitioner that the report of the Regional Director, itself, shows that pursuant to the letter of the Regional Director, no adverse remarks, within the stipulated period of time, are received from the Income Tax Department. As per the circular dated 15.1.2014 of the Ministry of Corporate Affairs, it is stipulated if no response is received from the Income Tax Department within a period of fifteen days from the receipt of the notice by the Regional Director, it may be presumed that the Income Tax Department has no objection to the action propo .....

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..... out the prior permission of the Central Government under Section 396A of the Companies Act, 1956. 11 The costs of this petition are determined at Rs. 7,500/payable to Shri Devang Vyas, learned Assistant Solicitor General of India and to the Official Liquidator, respectively. 12 The petitioner company shall lodge a copy of this order, the schedule of immovable assets of the petitionercompany as on the date of this order and the Scheme duly authenticated by the Registrar, High Court of Gujarat, with the concerned Superintendent of Stamps, for the purpose of adjudication of stamp duty, if any, on the same within 60 days from the date of the order. 13 The petitioner is directed to file a copy of this order along with a copy of the Scheme wit .....

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