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2017 (9) TMI 751

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..... ruitful purpose shall be served to continue the present liquidation proceedings and it is a fit case for dissolution of the Company under Section 481 of the Companies Act, 1956. The company stands dissolved after deduction from the amount of ₹ 1,51,000/- (approx.) lying with the company as on 30th June, 2017. Copy of this order may be sent to the Registrar of Companies by the OL within time prescribed as per law. The OL shall close the books of accounts of the company in liquidation. - CO.PET. No.314/2009 & CA No. 1441/2017 - - - Dated:- 31-8-2017 - MR. YOGESH KHANNA J. Petitioner Through: None Respondent Through: Mr. Adil Khan, Adv. for Mr. Rishi Manchanda, standing counsel for OL Mr. Tanuja Sharma, Adv. YOGESH K .....

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..... of records of the Company ( In Liqn.) to the record room of Official Liquidator on 20.01.2011 5. In process of winding up orders the team of the officials of the Official Liquidator, visited the following premises to take over the possession of the assets and record of the Company (In Liqn.): a) B-249, Okhla Industrial Area, Phase-I, New Delhi-110020 - As per minutes dated 17.06.2010 the aforesaid premises had already been sold by the Company (In liquidation) to Mis Saf Lift Conductor Private Limited on 06.10.2005. Currently, Mis Speed Age Engineering Private Limited has taken the said premises on rent from Mis Saf Lift Conductor Private Limited and is running its business thereon. Thus, the possession of the premises could not be .....

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..... ompany (In Liqn.) and to appear before the Official Liquidator on 29.6.2010 and 30.6.2010 for the purpose of recording their Statement under Rule 130 of the Companies (Court) Rules, 1959. 8. The following ex-directors have got their statements recorded under Rules 130 of the Companies (Court) Rules, 1959 :- i) Shri Pradeep Nanda recorded on 15.07.2010 ii) Shri. Mahesh Nanda recorded on 15.07.2010 iii) Shri Virender Pahuja Replied vide letter dated 30.06.2010 iv) Karan Nanda Replied vide letter dated 29.6.2010 v) Smt. Shweta Sharma recorded on 19.07.2010 9. An amount of ₹ 5,603.14 was received from Oriental Bank of Commerce on 04.08.2010 towards cash in hand and ₹ 5,922/05 was received from Punjab N .....

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..... ppeal being preferred by the Company (In Liquidation ), the ITAT vide its order dated 28.01.2010 had set aside the said assessment/penalty. The Income Tax Department had filed an appeal being ITA 82 of 2012 against the order dated 28.01.2010 passed by the ITAT wherein vide order dated 01.12.2014, the Hon'ble Division Bench of the High Court of Delhi set aside the findings of the ITAT and held that the Income Tax department had correctly levied the penalty and the Income Tax Department was directed to file its claim. 14. As per record, the Income Tax Department has not submitted any claim till date. This office issued a letter dated 26.10.2015 to the said Department on available address in file (s) and requested to submit the claim al .....

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..... nd the claim of other authorities namely Central Excise Department, Nehru Place, and Noida also could not be adjudicated for want of funds. There are no assets of the Company (In Liquidation) in the hands of the Official Liquidator for realization. 18. Thus no fruitful purpose shall be served to continue the present liquidation proceedings and it is a fit case for dissolution of the Company under Section 481 of the Companies Act, 1956. 19. In the circumstances the company stands dissolved after deduction from the amount of ₹ 1,51,000/- (approx.) lying with the company as on 30 th June, 2017. Copy of this order may be sent to the Registrar of Companies by the OL within time prescribed as per law. The OL shall close the books of .....

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