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TMI Blog2019 (5) TMI 1419X X X X Extracts X X X X X X X X Extracts X X X X ..... ame of the company M/s. Swaroop Health Care Pvt. Ltd. In the register maintained by the Registrar of Companies, Ahmedabad so as to enable the Income Tax Department to initiate or to proceed with its statutory action/ proceedings in respect of the assessee company (R-2) and further to give an opportunity to other regulatory authorities to take Judicial/ Legal actions in accordance with Law in respect of the Respondent Company - appeal allowed. - CO. APPEAL NO. 395/252(3)/NCLT/AHM/2018 - - - Dated:- 5-4-2019 - MR HARIHAR PRAKASH CHATURVEDI AND MS. MANORAMA KUMARI, JUDICIAL MEMBER For The Appellant : Ms. Maithili Mehta, Adv. ORDER Harihar Prakash Chaturvedi, Judicial Member. The present company appeal is filed by the Department of Income Tax, Ahmedabad, Gujarat seeking for restoration of name of an assessee company; i.e. M/s. Swaroop Health Care Pvt. Ltd. against which, the Income Tax department re-assessment proceedings in the year 2011-12 is said to be pending and a statutory notice under sections 147 and 148 of the Income tax Act were issued. Since the assessee company's name stood struck of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Companies, Ahmedabad, Gujarat under the Companies Act, 1956. As submitted in the appeal, M/s. Swaroop Health Care Pvt. Ltd. having its Corporate Identity No. U24230GJ2009PTC057719. The said company was incorporated to be involved in the activity of manufacturing of other chemical products. The Directors of the company are Mr. Sunil Ramswaroop Sharma and Mr. Anilkumar Ramswaroop Sharma and the Permanent Account Number of the company is: AANCS2765G. The registered office of the company was situated at: 8-B-l, Nobles, Opp. Nehru Bridge Corner, Ashram Road, Ahmedabad - 380009, Gujarat. 4. The appellant in the present appeal has further contended that the Registrar of the Companies vide its notice No. ROC/AHMD/248(5)/STK-7/992 dated 21.06.2017 (issued in the form no. STK-7) followed by a final notice issued under sub-section (5) of Section 248 of the Companies Act, 2013, has struck off the name of the company from its register with effect from 21.06.2017, on such ground that the Respondent No. 2 company did not file its statutory returns e.g. financial statements since its incorporation with the ROC, Gujarat, Ahmedabad. It is further apprehended by the in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.05/2018, F.No.02/04/2017-CL-V, dated 17.05.2018 issued by Ministry of Corporate Affairs, which reads as under: (1) In continuation of General Circular No. 16/2017 dated 29.12.2017, General Circular No. 02/2018 dated 28.03.2018 and General Circular No. 03/2018 dated 27.04.2018 on the subject cited above, it is stated that this Ministry has received representations from stakeholders raising doubts regarding filing requirements of e-CODS, 2018, in such cases, where petitions have already been filed before NCLT under section 252 of the Companies Act, 2013, during the currency of the scheme and orders are pending before the NCLT and whether such struck off companies can file CODS upon obtaining orders for the same even after 01.05.2018. (2) The matter has been examined and it is clarified that as per para 4(v) of the General Circular No.16/2017 dt 29.12.2017, which states In the event of defaulting companies whose names have been removed from the register of companies under section 248 of the Act and which have filed applications for revival under section 252 of the Act up to the date of this scheme, the Director's DIN shall be re-activated o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s reopened income tax assessment for the AY 2011-12 relevant FY 2010-11 as the Respondent Company entered in to some transactions by depositing cash amount or Rs. Two Lakhs in its Vijay Cooperative Bank account but did not file its Income Tax Return for such year. Hence, if the name of the said company is not restored in the statutory register of ROC, the said assessment/ scrutiny would be futile and barred by the limitation. 12. In view of the aforesaid reasons, the assessing officer (ITO) as well as the Competent Authority of the Department are of a considered view that it is a case of escapement of income. In support of their decision, the appellant has annexed copies of relevant documents with the present memo of appeal. 13. That apart, our attention is further invited to the relevant provision of the Companies Act, specifically Section 248 proviso (7) of the Companies Act, 2013 which speaks: The liability, if any, of every director, manager or other officer who was exercising any power of management, and of every number of the company dissolved under sub-section (5), shall continue and may be enforced as if the company had not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dequately the interest of the Revenue/ Central Government, the name of the respondent company requires to be restored in the statutory register being maintained by the ROC so as to enable the appellant (Income Tax Department) as well as other Regulatory Authorities to proceed further in respect of its legal action against the assessee company as per rule and in accordance with the law. 18. In the light of above stated reasons, the present appeal deserves to be allowed. We are of the considered view that it would be just and proper to restore the name of the company M/s. Swaroop Health Care Pvt. Ltd. In the register maintained by the Registrar of Companies, Ahmedabad so as to enable the Income Tax Department to initiate or to proceed with its statutory action/ proceedings in respect of the assessee company (R-2) and further to give an opportunity to other regulatory authorities to take Judicial/ Legal actions in accordance with Law in respect of the Respondent Company. 19. Therefore, the present company appeal is partly and conditionally allowed. Consequently, the Registrar of Companies, Gujarat, Ahmedabad is hereby directed to restore the name of compa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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