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TMI Blog2020 (10) TMI 117X X X X Extracts X X X X X X X X Extracts X X X X ..... trar 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. The 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 - it would be just and equitable to restore the name of the Company M/s. Airticket Online (Indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 148 of the Income Tax Act, 1961 on 30.03.2019 requiring the Assessee Company to file return of income for the A.Y. 2012-13. 4. It is further submitted that the Company filed its last regular return of income for the A.Y. 2011-12 (Annexure-F). 5. It is further stated by the Appellant that the Department is in the process of reopening of Income Tax Assessment for the A.Y. 2012-13 relevant to F.Y. 2011-12. The Appellant has annexed the Annexure-F i.e. ITNS-10 showing that the Assessee Company has entered into transaction amounting to ₹ 2,37,53,343/- in the F.Y. 2010-11 but did not file the Income Tax Return for the said amount. 6. The Appellant further submitted that the appeal for restoration of the name of the Company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer(s) who was exercising any power of management, and of every number of the company dissolved under subsection (5), shall continue and may be enforced as if the company had not been dissolved. 11. Heard the arguments of the learned lawyer for the Appellant, seen the representation of the ROC and the documents annexed therein. 12. On perusal of the record, it is found that on issuance of notice Advocate, Mr. Ashok Purohit appeared on behalf of the Respondent on 20.09.2019 by filing Vakalatnama and two weeks' time was granted to the Respondent to file reply. Further, on 30.09.2019 and 24.10.2019 again two weeks' time was granted to the Respondent to file reply but even after giving sufficient opportunities, the Respondent f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Tribunal on an application made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 may, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored, to the Register of Companies.......... 14. In view of the above, 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. However, while referring to the judgment of Hon'ble Supreme Court in W.P. No. 457/2009 M.P. Nos. 1, 2, 3/2009 M.P. Nos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overnment of India, in regard to the restoration of the name of the company on the register maintained in the office of the Respondent No. 1 as per the draft approved by the respondent No. 1, at the cost of the Petitioner. 18. The company (Respondent No. 2) is directed to comply the requirements under the Companies Act and other Statutory Requirements. 19. The time consumed in disposal of the Application from the date of filing of the appeal before this Bench be exempted for the purpose of initiation of Income Tax/Legal proceedings against the Assessee Company. 20. A copy of this order be communicated by the Appellant as well as by the Registry of this Tribunal to the ROC, Ahmedabad and to the Company. 21. Accordingly, the pres ..... X X X X Extracts X X X X X X X X Extracts X X X X
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