TMI Blog2021 (8) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... recovery of taxes and for any further consequential proceedings, the respondent-company's name be restored to the Register of Companies as if the name of the company was never struck off - Denial to restore the name of the respondent company in the Register of the ROC will not only condone the wrong doing of the respondent company but it will also encourage of escapement of tax liabilities by such subterfuge which will be prejudicial to the interest of the revenue in the long run. The service of notice to respondents has been made through publication in newspaper, but none appeared. The Registrar of companies is directed to restore the name of the Respondent Company in their Register and also proceed to take such other and further p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st securities amounting to ₹ 15,92,544/- but did not file its return of income for A.Y. 2012-13. As per provisions of Sec. 139 of Income-tax Act, every company is mandatorily required to file its return of Income before the due date in prescribed form. Therefore, income has escaped assessment at least to the extent of ₹ 15,92,544/-. Hence the Assessing Officer proposed the case of the respondent-company for assessment u/sec. 147 of the Act. Approval of competent authority for reopening of Assessment of respondent-company was obtained after recording reasons by the Assessing Officer for which Principal Commissioner of Income-tax, Delhi-7 accorded approval and after obtaining approval a Notice dated 28.03.2019 u/sec. 148 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat may arise out of the said proceedings. 9. On perusal of the MCA website, the appellant came to know that respondent-company's name was struck off by ROC initially by issuing Notice No. ROC-DEL/248/STK-5/721 dated 27.04.2017 followed by Striking Off Notification No. ROC-DEL/248(5)/STK-7/2879 dated 30.06.2017, striking off the name of Company at Sr. No. 15510 from the Register of Registrar of Companies. 10. It is submitted by the appellant that the name of the respondent company had been struck off by the ROC without enquiry and the same was not intimated to the Appellant, Assessing Officer Income-tax or the concerned Commissioner of Income Tax. The same could not be allowed to be invoked resulting in escapement of tax liability ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... service of notice to respondents has been made through publication in newspaper, but none appeared. 15. Upon perusal of the documents and submissions made, this appeal is allowed. The Registrar of companies is directed to restore the name of the Respondent Company in their Register and also proceed to take such other and further penal action against the respondent in accordance with the statutory provisions. The name of the respondent Company shall then, as a consequence, stand restored to the Register of the Registrar of Companies, as if the name of the company had not been struck off in accordance with Section 248(1) of the Companies Act, 2013. 16. The appeal is allowed and disposed of accordingly. 17. Let the copy of the order b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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