TMI Blog2020 (10) TMI 226X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Assessment Years 2002-03 to 2008-09, once it is restored. On 17-01-2020, the appellant had filed an affidavit and stated that immediately upon restoration of the appellant Company, they shall file the Income Tax Returns with the Income Tax authorities and to make such filings up to date. This Tribunal is of the opinion that it would be just and proper to order restoration of the name of the Company in the Register of Companies - Application disposed off. Dated the 17th day of January, 2020. - TCA / 1 / KOB / 2019 - - - Dated:- 17-1-2020 - Hon ble Mr. Ashok Kumar Borah, Member ( Judicial ) For the Applicant : Paulose C Abraham ( Advocate ) For the Respondent : None appeared ORDER This is a Company Appeal N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Directors of the Company passed a Board Resolution at the Board Meeting on 04.03.2014 authorized Directors of the Company to file the application with ROC. The appellant Company filed application for striking off the name of Company under Fast Track Exit (FTE) mode in Form FTE on 24.03.2014. Upon receipt of Form FTE, Registrar of Companies, Kerala sent a notice to the Company vide Notice no: MCA/ROC-Ernakulam/Sec 560/2014/00116 dated 31.03.2014 stating that the name of the Company will be struck off after the expiry of 30 days from the date of notice unless cause is shown to the contrary. The Board of Directors of the Company have not responded for the notice and accordingly, the name of the Company struck off from the Register of Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion. Hence, the Shareholder has decided to make an appeal under Section 252 (3) of the Companies Act, 2013 to revive the status of the Company from strike-off to active and to restore the name of the Company. 7. The Registrar of Companies, Kerala, who is respondent herein, has filed a Report and stated that on verification it is seen that the Company has not filed any of its statutory returns since its incorporation. The application for strike off FTE was filed by the Company on 25.03.2014. In this connection, it is submitted that Ministry of Corporate Affairs had issued Circular No. 3612011 dated 07.06.2011 specifying the guidelines for application under Fast Track Exit Mode for defunct companies under Section 560 of the Companies A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erest under Section 220 (2) of the Income Tax Act, for the assessment year 2002-03 to 2008-09. 11. The ROC further submitted that they have no objection in restoring the name of the Company back to the Register of Companies and direct the applicant to file all pending Annual Returns and Annual Accounts. The company may also be directed to submit a declaration from Directors of the appellant company regarding the deposit during Demonetization Period. 12. On 17-09-2019, this Bench directed to obtain the NOC from the Income Tax Department and notice was issued to the Tax Recovery Officer (Central), Income Tax Department, Ernakulam. Sufficient time was given to the appellant to obtain the same vide Orders dated 11.11.2019, 28.11.2019 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lying with above directions, the Registrar of Companies, Kochi is directed to, on his office name and seal, publish the order in the official gazette. iv. If the Directors are disqualified, then the DIN are not allowed to be reactivated. However, directors whose DIN are proposed to be activated through Change Requirement Form on MCA portal, should not be Directors of any other company which has been struck off under Section 248 (1) of the Act. v. The appellant is directed to file the pending Income Tax arrears due for the Assessment Years 2002-03 to 2008-09 with the Tax Recovery Officer (Central), Kochi. 5th Floor, Kandamkulathy Towers, M G Road, Cochin- 682 011, Kerala within 2 months from the date of this Order. vi. The Company s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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