TMI Blog2018 (8) TMI 1842X X X X Extracts X X X X X X X X Extracts X X X X ..... documents, affidavits submitted by the applicant company, the advocate appeared for Applicant Company has also confirmed during the hearing that the company did not generate any Income/Revenue from its operations since incorporation. It is also noted that the company did not open even a bank account and till date no financial transaction taken place in the company. The company also submitted that it has neither conducted any AGM nor filed any Income Tax Returns since incorporation. Further it is also noted that the company has not submitted any of its audited balance sheets along with the petition. All the above factual details including that the company did not even open a bank account substantiate the criteria that the company is not c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 04.2018 explaining the sequence leading to the striking off of the company and the company itself admitted non-filing of statuary returns. RoC issued STK-1 notice and STK-5 dated 03.05.2017. In addition to the publication of the name of the company on the website of the Ministry, the name was also published in official gazette and also another public notice was issued in leading English newspaper (Times of India) and a widely circulated vernacular language newspaper (Maharashtra Times - Marathi) on 10.05.2017. The Respondent side has further submitted that in absence of any representation against the proposed strike off action, the Registrar struck off the name of the company on 30.06.2017 and the dissolution order was published on the webs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that it has neither conducted any AGM nor filed any Income Tax Returns since incorporation. Further it is also noted that the company has not submitted any of its audited balance sheets along with the petition. 7. All the above factual details including that the company did not even open a bank account substantiate the criteria that the company is not carrying on any business or operation as defined under section 248 of the Companies Act, 2013 therefore, the action taken by ROC is justified and the Bench did not find any ground to interfere with action of striking off by ROC. The Bench is also of the considered view that these type of companies only put burden on the system, Government/ROC, by way of record keeping, ensuring ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
