TMI Blog2020 (9) TMI 359X X X X Extracts X X X X X X X X Extracts X X X X ..... on the failure in filing of statutory returns by the Company. The instant application would not lie under section 252(3) of the Companies Act, 2013; rather, it would lie under section 252(1) of the Companies Act, 2013 - name of the Company was struck off for continuous non-filing of Statutory Returns. Hence, considering the public interest, and to protect the legitimate interest of revenue, the name of the Respondent Company requires to be restored in the Register of Companies maintained by the ROC, Ahmedabad so as to enable the Appellant (Income Tax Department) to proceed further as per rules and in accordance with law. Appeal allowed - it would be just and equitable to restore the name of the Company M/s. Crucial Consulting Pvt. Lt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessee Company to file return of income for the A.Y. 2012-13. In response to the said notice issued by the Income Tax Department, the Assessee Company did not file the returns. That, the Assessee Company filed its last regular return for the A.Y. 2012-13 showing the loss of ₹ 5,74,583/-. 4. It is further stated by the Appellant that the Department has reopened the Income Tax Assessment for the A.Y. 2012-13 relevant to F.Y. 2011-12. The Appellant has filed the additional document i.e. Assessment Order showing the chargeable income to tax to the tune of ₹ 41,98,436/-. 5. The Appellant further submitted that the appeal for restoration of the name of the Company is required to be filed to protect legitimate interest of reven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the company dissolved under subsection (5), shall continue and may be enforced as if the company had not been dissolved. 10. Heard the arguments of the learned lawyer for the Appellant, seen the representation of the ROC and the documents annexed therein. 11. On filing of the appeal notice has been issued to the Respondent. Since, none appeared for the Respondent, this Adjudicating Authority passed an order for paper publication in the widely circulated newspaper, where the registered office of the company is situated. Accordingly, the Appellant effected the paper publication but then even none appeared on behalf of the Respondent. As the service is complete, the matter is heard in absence of the Respondent. 12. On perusal of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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.......... 13. In view of the above, the instant application would not lie under section 252(3) of the Companies Act, 2013; rather, it would lie under section 252(1) of the Companies Act, 2013. However, while referring to the judgment of Hon'ble Supreme Court in W.P. No. 457/2009 M.P. Nos. 1, 2, 3/2009 M.P. Nos. 1, 2 3/2010; V. Nanthagopal Vs. Union of India and Ors., wherein, the Hon'ble Supreme Court has observed that ...Hon'ble Supreme Court on several occasions held that quoting a wrong provision of law will not dis-entitle the party to the relief.... . Un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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