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TMI Blog2020 (11) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... of striking off the name of the Applicant Company passed by the Respondent under the provisions of Section 248 of the Companies Act, 2013. 2. It is represented that the Applicant Company was incorporated on 04.06.2014 under the provisions of Companies Act, 2013 with CIN: U74900TN2015PTC100814. The Main object of the Applicant Company is to carry on the business of process, produce mix, pack, preserve, freeze, extract, refine, manufacture, import, export, buy, sell, trade, supply, retail and wholesale distribution of Oil and Gas Burners, and spare parts, (Weishaupt and Bentone), Boiler accessories, Paint booth accessories. The details of the main object are set out in the Memorandum of Association, which is filed along with the typed set. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpetition, which would have long gestation period. 6. The Authorized Representative for the Applicant submitted that the Company could not file the annual returns and financial statements, due to lack of professional guidance and assistance and now the Company is ready to file all its financials with the Respondents. 7. Upon notice to the Respondent, the ROC has filed its Report via email to the Registry of this Tribunal and has stated that- (A) The Company may kindly be directed to prove that it was carrying on business or was in operation and that it is just that the name of the company be restored to the register. (B) The company may kindly be directed to file the financial statements and annual returns up to date in case if the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i) Copy of the Bank Statement of the Company for the period from March 2020. ii) Copy of the Income Tax Return filed for the Financial Year 2015 - 2016 to 2018 - 2019. iii) GST Returns in Form GSTR - 3B for December 2019 and January, February - 2020. 10. As submitted by the Authorized Representative for the Applicant, it is seen from the records as listed above that the Company has been functioning and paid tax as follows; S. No. Assessment Year Tax paid 1 2016 - 2017 Rs. 6,111/- 2 2017 - 2018 Rs. 20,940/- 3 2018 - 2019 Rs. 1,71,213/- Further, a perusal of the GST Returns and the bank statement of the Company also goes on to show that the Company has been doing business. However, even thou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al fee/late charges. (ii) That the Company out of its funds, set apart a sum of Rs. 2,00,000/- (Rupees Two Lakhs Only) and deposit the same with the Respondent/RoC which amount shall be for the purposes of payment of all fees/charges as contemplated in clause (i) above as well as to defray the cost and expenses of Register of Companies incurred in striking off, within a period of one month from the date of this order. In case of any amount payable in excess of the sum specified towards defraying the cost incurred by the Respondent/ROC and towards other amounts as are required to be paid by the Company statutorily, the same shall be remitted by the Company. Any excess amount left after appropriating for all the above shall be meticulously ..... X X X X Extracts X X X X X X X X Extracts X X X X
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