TMI Blog2018 (3) TMI 1798X X X X Extracts X X X X X X X X Extracts X X X X ..... e Company which had been struck off. In the absence of any demand having been raised or even the estimate of tax that may be due having also not been disclosed any where in the appeal, we are unable to appreciate, merely based upon mere reasons to believe on the part of the Income Tax Authority that income has escaped assessment, the department can prefer this appeal seeking for restoration of the name of the Company which has been struck off. Appeal dismissed. - Appeal No.256/2017 - - - Dated:- 13-3-2018 - R.Varadharajan, J. Counsel for the Petitioners : Mr. Zoheb Hossain, Sr. Standing Counsel for Income Tax Department Counsel for the Respondents : Mr. Manish Raj, Co. Prosecutor ORDER The present Appeal has been preferred by the Principal Commissioner, Income Tax Delhi-6 in relation to orders of the Registrar of Companies passed under Section 560(5) of the Companies Act, 1956 dated 29.8.2011. The Appellant further represents that the Respondent ROC by virtue of the said order dated 29.82011 has struck the name of M/S Nexus Marketing Pvt. Ltd. (for brevity) the Company, bearing CIN No.U51109DL2007PTC159451 and the said Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Companies has filed its reply on 20.12.2017. The matter came up for hearing yesterday i.e. 20.12.2017 when we asked the Registrar of Companies to produce the original record concerning this case and the process Which has been followed for striking off the names of thousands of companies by issuing one order. The name of the M/S. New Ways Steels Private Limited from the register of the Registrar of Companies has also been struck off in the same fashion. The basic object was to ascertain whether any notice to the Assessing officer/JurisdictionaI Commissioner of Income Tax was issued before accepting the application of the company for striking off its name. The stand of the Registrar of Companies is that the respondent company filed an affidavit under the voluntary exist scheme. Learned counsel for the petitioner has pointed out that one Mr. Sachin Garg, Director of M/S. New Ways Steels Private Limited filed an affidavit dated 08.01.2014 deposing in para 8 that on the date of the filing the affidavit the company did not have any dues of Income tax/ Sales tax/Central Excise/Banks and Financial Institutions or any other Central or State Government Departments/Authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncumbent upon the Registrar of Companies to issue appropriate notice to ascertain the authenticity of the statement made in the affidavit by the Directors of M/S. New Ways Steels Private Limited. Obviously the Registrar of Companies miserably failed to perform his duty. In view of the above we find that there is a prima-facie case to restore the name of the company on the Register of the Registrar of Companies in order to protect the interest of the revenue. Accordingly, we pass an interim order restoring the name of the company- M/S. New Ways Steels Private Limited for the purposes of issuance of demand by the Income Tax Department. The aforesaid course is being adopted as the erstwhile Directors of the company are not present. Let fresh notices be issued to the erstwhile Directors of the company returnable on 19.02.2018. On the adjourned date the original record concerning this case shall be produced by the Registrar of Company. If the original record is not produced then the Registrar of Companies shall remain present in the Court. Notices be given dasti. A copy of the order be given dasti under the signatures of the Bench off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll other persons in the same position as nearly as may be as if the name of the company had not been struck off. Presently after the provisions of Section 252 Companies Act of 2013 which was notified and stands enforced with effect from 26.12.2016, sub-section (3) of Section 252 reads as follows:- If a company, or any member or creditor or workman thereof feels aggrieved by the company having its name struck off from the register of companies, the Tribunal on an application made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 may, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored to the register of companies, order the name of the company to be restored to the register of companies, and the Tribunal may, by the order, give such other directions and make such provisions as deemed just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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