9911796707
TMI Blog2020 (11) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... e been satisfied vide an undertaking filed by the Petitioner Company, there appears to be no impediment in sanctioning the present scheme. Consequently, sanction is hereby granted to the scheme under section 230 232 of the companies act, 2013. The petitioners however remain bound to comply with the statutory requirements in accordance with law. The Scheme approved. - CAA-15/ND/2019 CA (CAA)-163(ND)/2019 - - - Dated:- 28-10-2020 - DR. DEEPTI MUKESH HON BLE MEMBER ( JUDICIAL ) SUMITA PURKAYASTHA HON BLE MEMBER ( TECHNICAL ) For the Applicant : Mr. Sanjeev Chaudhary, Adv. For the I. T. Dept. : Mr.Shlok Chandra Adv. Mr. Chandratanay Chube, Adv. ORDER Per - Sumita Purkayastha Member ( T ) 1. This petition has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other relevant sectoral regulators. 4. It is seen from the records that all the Petitioners have filed an affidavit on 09.09.2020 affirming compliance of the order passed by the tribunal dated 06.02.2020. A perusal of the affidavit disclose that the Petitioners have affected the newspaper publication as directed in one issue of the Business Standard (English Edition) and Jansatta (Hindi Edition) both on 17.03.2020 in relation to the date of hearing of the petition. Further, the Petitioners have also affirmed that the copy of petition have been duly served upon the Registrar of Companies, Regional Director, Northern Region and Income Tax Department, Official Liquidator, in compliance of the order and in proof of the same acknowledgmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Petitioner has filed an undertaking (on behalf of Petitioner Company 1 to 4) vide an affidavit dated 29.07.2020, stating that whenever the Income Tax demand becomes crystallized and order will be pronounced by the Income Tax Authority of any outstanding demand of the Income Tax against the Petitioner (1 to 4) to the Income Tax Authorities, the Petition No. 5 (transferee company) shall pay off the same to the Income Tax Authority without any delay. 7. The Official Liquidator has filed its report on 12.03.2020 wherein no specific objections have been raised against the approval of the scheme. The report states that the Official Liquidator has not received any complaint against the proposed scheme and the affairs of the Transferor Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, violation committed qua any enactment, statutory rule or regulation, the sanction granted by this court to the scheme, will not come in the way of action being taken, albeit, in accordance with law, against any of the concerned person, director and officials of the petitioners. 12. While approving the scheme as above, we further clarify that this order should not be construed as an order in any way granting exemption from payment of stamp duty, taxes, GST, or any other charges, if any, and payment in accordance with law or in respect to any permission/ compliance with any other requirement which may be specifically required under any law. 13. THIS TRIBUNAL ORDERS AS UNDER: a) That the transferor companies shall stand dissolve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nies, be transferred without further act or deed, to the transferee company and accordingly the same shall, pursuant to Section 232 of the Act, be transferred to and become the liabilities and duties of the transferee company; and e) That all proceeding now pending by or against the transferor companies, be continued by or against the transferee company; and f) That all the employees of all the transferor companies in service, on the date immediately preceding the date on which the scheme takes effect, i.e., the effective date shall become the employees of the transferee company on such date without any break or interruption in services and upon terms and conditions not less favorable than those subsisting in the respective transferor ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
