TMI Blog2021 (1) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... y discharged its obligation by paying the aforesaid demand as per mandate of Section 250 of Companies Act, 2013. This Bench is not inclined to interfere with the striking off action taken by the RoC against the Appellant Company under Section 248(5) of the Companies Act 2013 - Appeal dismissed. - Appeal No. 215/252 (ND)/2020 - - - Dated:- 4-1-2021 - SH. ABNI RANJAN KUMAR SINHA, MEMBER (JUDICIAL) AND SH. L. N. GUPTA, MEMBER (TECHNICAL) For Appellant Ms. Rashmi Jain, Adv. For Respondent Mr. M. Yadhubhushana Rao, AROC ORDER The present Appeal has been preferred by M/s. Urvashi Infrastructure Limited (hereinafter referred to as the 'Appellant Company') under Section 252 of the Companies Act, 2013 for seeking re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I/248(1)/STK-7/6217 dated 29.10.2019. The name of the Appellant Company appeared at serial no. 7503 of the list of companies, whose names were struck off. It is added that the RoC struck off the Appellant Company's name from the Register due to defaults in statutory compliances, namely failure to file Financial Statements for the Financial Year 2016-17, 2017-18 and Financial Statements and Annual Returns for 2018-19. 5. It is submitted by the Appellant Company that it has been in operation since its incorporation. To corroborate its submission, the Appellant Company has placed the following documents on record : a) Copy of Financial Statements for the Financial Years since 2016-17 to 2019-20 depicting 'nil' Revenue from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nil revenue from Operations indicates that the Company was not doing any business as per its objects. iii. That neither bank statement nor any Income Tax Return or any other document is annexed by the Appellant Company, which could depict that it was in operation or was carrying out its business as per its objects mentioned in its Memorandum of Association. 8. That the Income Tax Demand Report dated 07.09.2020 as relied by the Appellant Company is reproduced below : XX XX XX XX XXX XXX XX XX XX XX XXX XXX 9. From the above, it is observed that the total demand raised by the Income Tax Department for the Assessment Years from 2008-09 to 2017-18 is of ₹ 7,7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndicate that the Appellant Company was either in operation or was doing any significant business at the time when its name was struck off from the Register of Companies by RoC. 13. In the current circumstances, it is worthwhile to refer to the Judgement of Hon'ble NCLAT in the matter of Alliance Commodities Private Limited Vs. Office of Registrar of Companies, West Bengal, Company Appeal (AT) No. 20 of 2019: 9. Section 252 (3) of the Companies Act, 2013 empowers the Tribunal to order restoration of a Company whose name has been struck off from the Register of Companies, if such company, any member or creditor or workman thereof feeling aggrieved by such striking off applies before the Tribunal seeking restoration of the stru ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
