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TMI Blog2019 (9) TMI 1675X X X X Extracts X X X X X X X X Extracts X X X X ..... INA MALHOTRA, MEMBER (J) This petition has been filed by Income Tax Authority invoking the provisions of Section 252 of the Companies Act, 2013 for restoration of the name of the Respondent No. 2 company, viz M/s RKA International Pvt. Ltd, in the Register of Companies maintained by the RoC, respondent no.1. 2. Service was duly effected on the respondent company and its Directors. Respondent 2 and 3 appeared and have opposed the prayer made by the petitioner, while respondent no.1, the RoC has submitted that they had no objection to the appellant's prayer. 3. Vide Proceedings initiated by the Ministry of Corporate Affairs, through the office of the RoC, names of several companies were struck off for want of filing Statutory Returns. Res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithin the meaning of Section 147/148 of the Income Tax Act for the assessment year 2011-12, thereby rendering the company liable for assessment and penal consequences. Notice for re-assessment issued by the Assessing Officer was not replied to. 5. The appellant company has submitted that a perusal of the MCA website revealed that the respondent company had been struck off on 30.06.2017. This has seriously hampered the assessment and recovery proceedings. The assessment proceedings for the AY 2011-12 have been completed and the order under section 144/147 of the income Tax Act was passed on 20.12.2018, raising a demand of Rs. 3,11,14,400/-. It is submitted that penalty proceedings have also been initiated and assessment for A.Y 20 12-13 ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent's have further submitted that they have accounted for all funds received by them. 9. Keeping in view the submission made, the appellant has justified the grounds on which it seeks restoration of the name of the company so as to proceed further. li. is equally expedient for ihe respondent company to seek its restoration as they wish to contest the claim made by the appellant before any judicial forum. 10. Keeping in view the submissions made by the appellant department we find that it would be just and equitable to direct restoration of the name of the respondent company in the record of the ROC to enable the appellant to proceed further in this respect. 11. We however make it clear that this Bench has only directed restoration o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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