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TMI Blog2020 (12) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the Company's name in the Register of Companies maintained by RoC, Jaipur ('RoC'). It is noted that in some portions of the Appeal, the Appellant has wrongly mentioned its name as 'M/s PBM Wires Ltd.' instead of the correct name 'M/s PBM Wires Pvt. Ltd,' as reflecting in the master data, other documents annexed and the submissions made in the Appeal. Thus, the instant Appeal is considered to be filed by M/s PBM Wires Pvt. Ltd and any references to M/s PBM Wires Ltd are construed accordingly, 2. It is stated that the RoC struck off the name of the Company from the Register of Companies due to default in statutory compliance, namely, failure to file statutory documents for Financial Years 2013-14 to 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompanies Act, 2013. 7. During the hearing of the matter on 01.11.2019, Mr. Prateek Kedawat, Advocate, appearing for Sh. R.B. Mathur, Senior Standing Counsel of the Income Tax Department, had submitted that Income tax Department has no objection to proceed in the matter Despite several opportunities being granted for filing formal reply, no reply has been submitted by the Income Tax Department. 8. Upon considering the facts and circumstances and the pleadings of the present Appeal, this Appeal is allowed. The restoration of the Appellant Company's name, i.e. M/s PBM Wires Private Limited, in the Register of Companies maintained by the RoC, is hereby ordered subject to prior submission to the RoC of physical copies of financ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statutory compliances, in accordance with law within 30 days from restoration of its name in the Register of Companies maintained by RoC. Consequent to the restoration of the name of the Company, it shall be deemed operational in all respects, as if the name of the company had not been struck off in accordance with Section 248 of the Companies Act, 2013, If required, the RoC is directed to mark the DIN of the concerned directors of the Company as 'Active', provided the default by the said directors is limited to the Company under consideration herein, in consonance with the ratio decidendi of the order dated 07.10.2017 of the Hon'ble High Court of Telangana and Andhra Pradesh in the case of Dr. Reddy's Research Foundation V ..... X X X X Extracts X X X X X X X X Extracts X X X X
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