9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (9) TMI 359 - Tri - Companies LawRestoration of name of respondent in the Register of Companies maintained by the office of ROC - Aggrieved person is Income Tax Department - Circular No. 225/423/2017-ITA.II dated 29.12.2017 - HELD THAT - It is found that the appeal is filed under section 252(3) of the Companies Act, 2013. While, going through the section 252(3) of the Companies Act, it is found that the instant provision is made when the company is struck of voluntarily on the behest of the Promoter(s)/Director(s), whereas, section 252(1) of the Companies Act, provides that, when the company is struck of by the Registrar of Companies on the failure in filing of statutory returns by the Company. The instant application would not lie under section 252(3) of the Companies Act, 2013; rather, it would lie under section 252(1) of the Companies Act, 2013 - name of the Company was struck off for continuous non-filing of Statutory Returns. Hence, considering the public interest, and to protect the legitimate interest of revenue, the name of the Respondent Company requires to be restored in the Register of Companies maintained by the ROC, Ahmedabad so as to enable the Appellant (Income Tax Department) to proceed further as per rules and in accordance with law. Appeal allowed - it would be just and equitable to restore the name of the Company M/s. Crucial Consulting Pvt. Ltd. in the register maintained by ROC, Ahmedabad, Gujarat as the same is not barred by any law.
Issues:
1. Restoration of the name of a company struck off by the Registrar of Companies. 2. Application filed under Section 252(3) of the Companies Act, 2013 by the Department of Income Tax. 3. Compliance with statutory requirements and provisions of the Companies Act. Analysis: 1. The judgment concerns an appeal filed by the Department of Income Tax seeking restoration of the name of a company, M/s. Crucial Consulting Pvt. Ltd., which was struck off by the Registrar of Companies. The Income Tax Department filed the appeal under Circular No. 225/423/2017-ITA.II, directing restoration in cases where companies' names are struck off by the ROC and income tax proceedings are initiated or pending. 2. The Income Tax Department issued a notice to the Assessee Company under section 148 of the Income Tax Act, 1961, for the A.Y. 2012-13. The Assessee Company failed to file returns, leading to the Department reopening the Income Tax Assessment for that year. The Appellant argued that the appeal for restoration is crucial to protect the revenue's legitimate interest, filed within the time limit after the company's name was struck off. 3. The ROC justified its action of striking off the company's name due to non-filing of statutory returns since 2014. However, the ROC, in a representation, expressed no objection to restoring the company's name as per a circular issued by the Ministry of Corporate Affairs. The judgment highlighted relevant provisions of the Companies Act, emphasizing the liability of directors and officers post-dissolution. 4. The Tribunal noted the provisions of section 252(1) and 252(3) of the Companies Act, specifying the grounds for appeal in cases of voluntary striking off by promoters/directors or by the Registrar due to non-filing of statutory returns. Despite the appeal being filed under the wrong provision, the Tribunal relied on a Supreme Court judgment to treat the matter under section 252(1) and granted the appeal for restoration. 5. Ultimately, the Tribunal allowed the appeal, directing the ROC to restore the company's name in the Register of Companies. The judgment emphasized public interest, revenue protection, and compliance with statutory requirements under the Companies Act. The decision included directives for publication, compliance by the company, and exemption of time consumed in the legal process for initiating further proceedings. This detailed analysis of the judgment showcases the legal intricacies involved in the restoration of a company's name struck off by the Registrar of Companies, emphasizing compliance with statutory provisions and protecting the revenue's legitimate interest.
|
