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2019 (8) TMI 1460

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..... hat it is a sham company having deliberately not filed the Annual Return and financial statement from the date of incorporation because, the company was not in operation. Accordingly, there are no justifiable reason to allow this appeal as prayed for. Appeal dismissed. - CP (Appeal) No.465/KB/2019 - Dated:- 27-8-2019 - Jinan K.R., Member (J) And Harish Chander Suri, Member (T) For the Appellant/Petitioner: Mr. R.R. Das, Mr. Rohit Kumar Keshan, ORDER Jinan K.R. This is an appeal filed by one of the shareholders of Khetan Granite Private Limited, the company registered under the Companies Act, 1956 in the year 2012 under Sec.252(2) of the Companies Act, 2013 for restoring the name of the company by the Registrar of Companies, Jharkhand. 2. Th .....

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..... herefore the respondent had drawn a presumption that the company is not doing any business and after complying other compliance to be meted out under Sec.248 (1) issued striking off notice. The appellant did not care to send the reply and thereby the respondent removed the name of the company from the register and the removal was published in accordance with the provisions under Sec.248. Upon said contention the respondent prays for passing orders by the Tribunal as deem fit and proper. 5. Heard Ld. PCS on behalf of the company. Perused the record. 6. The appellant company was incorporated on 27/ 11/2012. Prom the date of its incorporation till date of striking off the name of the company, the appellant failed in filing Annual Return and Fi .....

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..... off the name of the Company is "NIL". On a careful scrutiny Of the financial statement also, it is revealed that there are certain expenses made for all the financial years under the Head "Other Expenses". So also there is no expenses paid towards any one of the employees allegedly engaged for doing the business. So, it is an indication that the company was not in operation from the date of incorporation. 10. At this juncture, some of the copies of the Deeds of Sale deed executed in the year 2015 are brought to our notice to prove that purchase of certain land in the year 2015 was for the purposes Of business development. The Deed of Sale of land noway strengthens the contention on the side Of the appellant that the appe .....

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