TMI Blog2020 (11) TMI 289X X X X Extracts X X X X X X X X Extracts X X X X ..... ation immediately for a two year period prior to the strike off the name of the Company from the Register of Companies by the RoC. Taking into consideration the provisions of Section 252(3) of the Companies Act, 2013 under which this Application has been filed, it is deemed fit to restore the name of the Company on the file of the RoC/Respondent concerned as maintained, on the grounds that the Company has been able to demonstrate that it has been carrying on business/operations for a period of two years prior to strike off, subject to conditions imposed - application allowed. - CA/128/2020 - - - Dated:- 30-7-2020 - R. Varadharajan , Member ( J ) And Anil Kumar B. , Member ( T ) For the Appellant : R. Chandra Mohan and B. Sarath ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that there has been no change in relation to the Share Capital of the Company. 5. In relation to the main objects of the Company the following are stated in the Application which are extracted as below:- 1. To engage in the business of providing security protection services and other related business such as to carry on the business of consultancy of providing manpower placement and recruiting, selecting, interviewing, training and employing all types of security guards, security staff, junior level staff, workers, labourers skilled, unskilled required by various industries and organizations including providing security services, labour contractors, industrial, commercial, housing and other security services and workers for office m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... striking off the name of the Company and the same has been published with the Official Gazette in Form STK-7 dated 25.10.2019. 7. The main ground taken in the Application seeking for the restoration of the name of the Company is that the Company being active and is a going concern since incorporation and also further due to dereliction on the part of the Chartered Accountant engaged by the Company to inform that previous Annual Returns have not been filed and there has been a default on the part of the Company to comply with the provisions of the Companies Act, 2013. 8. Since, it is submitted that the Company has been in continuous operation as compared to the two years period which has been prescribed under the provisions of Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Application along with documents establish that the Company was in operation prior to strike off the name of the Company. Income Tax Returns have been annexed as Annexure-5 to the Application. 13. A Perusal of the Income Tax Return reveals that for the year ended 31.03.2016 the Company has a Gross Total Income of ₹ 36,97,314/- with tax liable to be paid of ₹ 11,42,469/-. The acknowledgement of the Income Tax Return also discloses that TDS which has been deducted is to the extent of ₹ 11,87,029/-. Similarly for the year ended 31.03.2017 the total income disclosed is a sum of ₹ 28,18,040/- with tax payable of ₹ 8,70,774/- and TDS deduction is of ₹ 8,72,286/-. 14. Further in relation to the year ended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns namely: 18. The Company shall: (i) Within a period of 15 days from the restoration of the Company's name in the register being maintained by the RoC/Respondent, the Applicant will ensure that the Company files inter-alia, its annual returns and balance sheets as well as make other compliances statutorily required to be made under the Companies Act, 2013 for the period from which there has been default with requisite charges/fees as well as additional fee/late charges. (ii) That the Company out of its funds, set apart a sum of ₹ 2,00,000/- (Rupees Two Lakh Only) and deposit the same with the RoC/Respondent which amount shall be for the purposes of payment of all fees/charges as contemplated in clause (i) above as well a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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