TMI Blog2021 (11) TMI 558X X X X Extracts X X X X X X X X Extracts X X X X ..... s, reflects that the Company has business operations which necessitate restoration of its name in the Register of Companies. The assumption of RoC that the company was not in operation was merely on grounds of non-filing of the Statutory Returns by the appellant company. The Act itself provides for redressal of these defaults. A step as stringent as what has been taken at least requires an opportunity to the appellant to take remedial measures. Merely to disallow restoration on grounds of its failure to file financial statements would neither be just nor equitable. The appeal is allowed subject to payment of cost of ₹ 20,000/- (Rupees Twenty Thousands Only) to the ROC, with which the appellant is registered for incurring the expen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pose of or maintain the same and build township, markets, commercial complex with all or related conveniences thereon and to equip the same or any part of other buildings, or any related amenities or conveniences such as drainage and to act as commission agents and dealers in farm land building whether commercial residential whether meant for purchase, sale, resale or let out etc. It is submitted on behalf of the Appellants that the company has without any malafide motive could not file the e-forms with the RoC, NCT of Delhi 85 Haryana for the year from 2015-15 to 2019-20 in respect of Annual Report in e-form AOC-4 and same with in respect of Annual Return in e-Form MGT-7 and same was purely unintentional. It is stated by the Appellants tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. We have considered the plea of the Appellants and the representation of RoC and perused the undertaking filed by the Appellants with respect to any pending dues of Income Tax Department. The Appellants are seeking restoration of the name of Company in the register as maintained by RoC relying on the ground that the Company as of date is in active business and has been preparing all its financial statements and in the circumstances, it is just that the name of the Company should be restored on the register of RoC as maintained by the Respondent No. 1. In order to sustain the said plea, the Appellants has placed before us the following documents: i. Copy of Financial Statements along with Auditor's report of F.Y. 2015-16, 2016-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oration of the Appellant Company's name in the Register will be subject to their filing all outstanding documents for the defaulting years as required by law and completion of all formalities, including payment of any late fee or other charges which are leviable by the Respondent for the late filing of statutory returns. The name of the Appellant Company shall then stand restored in the Register of the RoC, as if the name of the company had not been struck off. The Income Tax Department is at Liberty to proceed against the Appellant Company as per the provisions of the law for the time being in force. 8. The direction for freezing the bank account(s) of the Appellant Company, if on this ground, shall consequently be also set aside im ..... X X X X Extracts X X X X X X X X Extracts X X X X
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