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2020 (5) TMI 701

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..... f the documents filed by the Applicant Company, this Tribunal is satisfied that the Applicant Company is not carrying on its business during the time when the Company was struck off from the Register maintained by the Respondent and also no cogent reasons or any documents are produced before this Tribunal in order to substantiate that the Company was carrying on its business or it is just to revive/restore the name of the Company to the Register as maintained by the Respondent. Application dismissed. - CA/6/2020 - - - Dated:- 5-5-2020 - R. Varadharajan, Member (J) and Anil Kumar B., Member (T) For the Appellant: K.P. Suresh Kumar and B. Sarath Babu, Advocates ORDER R. Varadharajan, Member (J) 1. This is an Applicat .....

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..... on activity as of now and there is no sales activity at present. It is further averred in the Application that the Company was not doing any business due to manpower shortage and electricity discontinuity. 5. The Learned Counsel for the Applicant submitted that the reason for not filing the Balance Sheet and Annual Return from incorporation was that the Company did not have expert professional guidance in this aspect and it has entrusted the filing of returns to a consultant, who, it now appears, had no knowledge of company law requirements and also due to administrative lapses, there was no proper superintendence to ensure that the statutory filings were completed within the stipulated time. 6. It was also submitted by the Learned Co .....

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..... usiness again once the conditions are improving. The Applicant Company as placed on record the following documents; i) Copy of the statement of the Current Account dated 23.07.2018 maintained by the Applicant in Tamilnad Mercantile Bank, Coimbatore ii) Annual Return and Balance Sheet of Applicant Company from 2014 - 15 till date. iii) Copy of the Income Tax Acknowledgment for the Assessment Year 2017 - 2018 filed by the Applicant Company. 9. As to the submissions made by the Ld. Counsel for the Applicant Company, it is seen from the records, that the Company is not carrying on business, as on the date of striking off the Company from the Register maintained by the Respondent. Further, it may be seen from the records that the Com .....

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