TMI Blog2020 (12) TMI 375X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 2013; rather, it would lie under section 252(1) of the Companies Act, 2013. 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 - it would be just and equitable to restore the name of the Company M/s. Bindal Impex Pvt. Ltd. in the register maintained by ROC, Ahmedabad, Gujarat as the same is not barred by any law. The present appeal is allowed to the extent of revival of the Company and the ROC Gujarat, Ahmedabad is hereby directed to restore the name of Company viz. M/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee Company to file return of income for the A.Y. 2011-12. In response to the said notice under section 148 of the Income Tax Act, 1961 issued by the Income Tax Department, the Assessee Company has not made any representation nor filed any revised return for the A.Y. 2011-12. 4. 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 revenue. The name of the Company was struck off on 14.08.2018 by the ROC and the appeal was filed on 13.12.2018, hence, the appeal is well within the time limit. 5. No representation is received from the ROC even after issuance of notice. 6. Heard the arguments of the learned lawyer for the Appellant, seen the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r restoration of the name of the company in the register of companies. 252(3) If a company, or any member or creditor or workman thereof feels aggrieved by the company having its name struck off from the register of companies, the Tribunal on an application made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 may, if satisfied that the company was, at the time 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.......... 9. In view of the above, the instant application would not lie under section 252 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The publication of notice in two leading newspapers circulating in the district and Official Gazette of Government of India, in regard to the restoration of the name of the company on the register maintained in the office of the Respondent No. 1 as per the draft approved by the respondent No. 1, at the cost of the Petitioner. 13. The company (Respondent No. 2) is directed to comply the requirements under the Companies Act and other Statutory Requirements. 14. The time consumed in disposal of the Application from the date of filing of the appeal before this Bench be exempted for the purpose of initiation of Income Tax/Legal proceedings against the Assessee Company. 15. A copy of this order be communicated by the Appellant as wel ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
