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TMI Blog2018 (4) TMI 1705X X X X Extracts X X X X X X X X Extracts X X X X ..... name of the Appellant company ( for brevity 'the Company') figures at serial No. 1 1188. 2. The appeal is filed through its Mr. Ajay Kanodia who is a director of the Company. 3. The Company was incorporated under the Companies Act, 1956 on 12th July 1989 vide CIN:U63023DL1989PTC036937 as a Private Company Limited by Shares with the Registrar of Companies, Delhi & Haryana having its registered office at 35, North Basti Harphool Singh, Sadar Thana Road, Delhi, which is within the jurisdiction of this Tribunal and hence this Tribunal has jurisdiction to entertain and try this appeal. . 4. The Memorandum of Articles and the Association of Articles of the Company are placed on record as Annexure- 1. 5. The authorised share capita ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, goods and merchandise as referred to the paragraph above. 8. It is also submitted that the accounts of the company were prepared and audited. The company had engaged the serv returns with the office of the Registrar of Companies, who did not file the same and also did not reveal this fact to the Directors of the Company. It is further submitted that it was only in September 2017 the appellant came to know the fact of non-filing of the returns and other documents with Respondents as well as the fact that the Company's name has been struck off the Register of Companies maintained by the Registrar of Companies. 9. It is submitted that the Registrar of Companies has not followed the procedure prescribed under Section 248(1) of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... own during the years 2015-2017. There a Thus during the period of striking off the name of the Company in June, 2017 there is no record to show the business in operations. 12. However, the Company has not put on record the Bank Statements of the Company for the period when the name of the Company was struck off. The bank statements submitted are for the period from 1st March, 2013 to 31st December, 2013. There are no bank statements brought on record to show any transactions during the said period when the company's name was struck off and the company claimed that the account was not functioning from 2013 since transactions were mostly carried out in cash, for small amounts. 13. The Income tax returns for the assessment year 2016- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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