TMI Blog2020 (5) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the Company to be restored to the Register of Companies. The Appellants through their submissions and arguments have been able to satisfy this Bench that it was in operation when its name was struck off by the RoC in its register. Further, the Appellant Company has certain assets and liabilities, which necessitate and justify restoration of its name in the Register of Companies. A step as stringent as what has been taken at least requires an opportunity to the appellant to take remedial measures. The Petition is allowed subject to payment of cost of ₹ 25,000 to the Prime Minister Relief Fund, the proof of which will be furnished by the Appellant to the Registry of this Tribunal within 07 days. - APPEAL NO. 497/252/ND/201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gister of Companies under section 248 of the Companies Act, 2013 on 08.08.2018. 4. The Appellant admits their default in carrying out the statutory compliances but submits that the same was due to lack of professional guidance, inadvertence and oversight. The Appellant has averred the following : VI REASONS FOR NON-FILING OF ANNUAL ACCOUNTS AND RETURNS SINCE FINANCIAL YEAR 2015-16: (b) That accounts of the petitioner company were prepared and audited and that the company has engaged the services of Chartered Accountant to perform the task of filing the returns with the office of the Registrar of Companies and who did not file the same and also did not reveal this fact to the Directors of the Applicant Company. Consequently, due to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The Income Tax Department has not filed its reply despite several opportunities. 8. The provisions under section 252 of the Companies Act, 2013, pertaining to restoration of the name of the Company provide that, 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, Tribunal may order the name of the Company to be restored to the Register of Companies 9. The Appellants through their submissions and arguments have been able to satisfy this Bench that it was in operation when its name was struck off by the RoC in its register. Further, the Appellant Company has certain assets and lia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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