TMI Blog2020 (11) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... rporated and it is in operation and in the circumstances, it is just that the name of the Company should be restored on the Register of Companies as maintained by the Respondent. 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 though it will not absolve the Company from filing the necessary returns and documents and adhere to the provisions of Companies Act, 2013 as an onus is placed on the Company to strictly comply with the provisions of Companies Act, 2013 without any let, in the instant case the Company has demonstrated mitigating circumstances. Thus, taking into consideration the provisions of Section 252 of the Companies Act, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er 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. 3. The Authorized Representative for the Applicant submitted that the Respondent has issued public notice under Form No. STK - 5 on 02.08.2019 for striking off the name of the Company and subsequently issued Form No. STK - 7 on 29.10.2019 by striking off name of the Applicant Company from the Register of Companies. The Authorized Representative for the Applicant Company submitted that upon inspection of the records of the Company in the public domain maintained by the Ministry of Corporate Affairs, it was found that the name of the Company has been struck off. 4. The Authorized ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 prayer is granted. (C) The shareholders of the subject company may be kindly be directed to give an undertaking stating that the accounts of the company were not used as means to transact tainted money during the period of demonetization. (D) To pass such other orders as deemed fit and proper in the circumstances of the case. 8. It is seen from the records, that the Applicant has issued notice to the Income Tax department, which was delivered on 18.06.2020 and the Applicant has also filed an Affidavit of Service to this effect vide Diary No. 248 dated 22.07.2020. D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2016 - 2017 ₹ 6,111/- 2 2017 - 2018 ₹ 20,940/- 3 2018 - 2019 ₹ 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 though it will not absolve the Company from filing the necessary returns and documents and adhere to the provisions of Companies Act, 2013 as an onus is placed on the Company to strictly comply with the provisions of Companies Act, 2013 without any let, in the instant case the Company has demonstrated mitigating circumstances. Thus, taking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 returned by Respondent to the Applicant. (iii) Till all compliances are made by the Company, the Company shall not alienate or dispose of any of its valuable assets. (iv) It is further observed that by virtue of this order of restoration of the name of Company in the register it will not entitle the Directors of the Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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