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2021 (8) TMI 850

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..... erson) through Mr. Milind B. Kasodekar, the Liquidator, for voluntary liquidation of the Petitioner/Corporate person. Corporate history of the Petitioner/Corporate Person 2. The Petitioner/Corporate Person was incorporated on 10.11.2010 under the Companies Act, 1956, as a private company with the Registrar of Companies, Maharashtra, Pune. The Registered office of the Petitioner/Corporate Person is situated at Dwarka, Plot No. A/2, Phatak Baug Society, 999 Navi Peth, Pune -411030, Maharashtra. Therefore, this Bench has jurisdiction to deal with the present petition. 3. The main objects for which the Petitioner/Corporate Person was incorporated are inter alia to carry on the business of trading, selling, importing, exporting, warehousing, .....

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..... ead with regulation 31 of Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017. The BoD of the Petitioner/Corporate Person, at its meeting held on 14.07.2017, resolved to liquidate the Petitioner/ Corporate Person voluntarily under section 59 of the Code. Procedural compliances 6. The Directors of the Petitioner/Corporate Person have as per section 59(3)(a) of the Code, at the Board meeting held on 21.07.2017, approved the Declaration of Solvency and resolved to wind up the company under "Members Voluntary Winding up." The Directors have declared that they have made full inquiry into the affairs of the Petitioner/ Corporate Person and are of the opinion that the Petitioner/Corporate Person would be ab .....

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..... e newspaper to the Registrar of Companies, Maharashtra, Pune, on 22.08.2017 in Form MGT-14 and Form GNL-2. 10. The Petitioner/Corporate Person on 12.09.2017 notified the commencement of voluntary liquidation along with Public Announcement to the Income Tax Department in terms of Section 178 of the Income Tax Act, 1961 and to the relevant Indirect Income Tax Department where the assessment of the Corporate Person was pending. 11. The Company does not have any creditor as on the date of this application. 12. Pursuant to Regulation 9 of the IBBI (Voluntary Liquidation Process), Regulations, 2017, the liquidator submitted its preliminary report to the Company on 26.09.2017. 13. Based on the verification of books and claims received from the .....

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.....   Milind B Kasodekar (Temporary loan repayment) 10,000/-     ZAND & Associates chartered Accountants 23,600/-     Joshi Apte And Co 1,62,000/-     Ajay Joshi Associates 5,50,450/-     Chapekar Mahajan & Associates 33,733/-     Share Capital 95,00,000/-     Dividend Distribution Tax paid 3,99,353/-     Dividend 19,42,826/-   1,29,70,021/-   1,29,70,021/- 17. The Liquidator did not receive any other except above claims from any creditors, workmen, employees or other stakeholders in response to the advertisement published in the newspapers except the above claims tabulated in the tabular format. 18. The Liquidator has intim .....

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..... unsel appearing for the Petitioner/Corporate Person and the documents annexed to the petition, it appears that the affairs of the Petitioner/Corporate Person have been completely wound up and its assets have been completely liquidated. We are also satisfied from the documents on record that the voluntary liquidation is not with intent to defraud any person. The bank account for the purpose of Liquidation has been closed. 23. In view of the above facts and circumstances and the submissions made by the Liquidator, the Petitioner/Corporate Person deserves to be dissolved and it is ordered accordingly. 24. The Petitioner/Corporate Person is further directed to serve a copy of this order upon the Registrar of Companies, Maharashtra, Pune withi .....

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