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TMI Blog2020 (12) TMI 1179X X X X Extracts X X X X X X X X Extracts X X X X ..... hich necessitate and justify restoration of its name in the Register of Companies. A step as stringent as what has been taken at least requires an opportunity to the appellant to take remedial measures. Merely to disallow restoration on grounds of its failure to file annual returns would neither be just nor equitable. The restoration of the Appellant Company s name in the Register will be subject to their filing all outstanding documents for the defaulting years as required by law and completion of all formalities, including payment of any late fee or other charges which are leviable by the respondent for the late filing of statutory returns - Appeal allowed. - Appeal No. 295/252/ND/2020. - - - Dated:- 21-12-2020 - DR. DEEPTI MUKESH, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... several Companies who had failed to file their Statutory Returns. The appellant had failed to file its Financial Statements and Annual Returns for the Financial Years 2014-2015 and 2015-2016, 2017 thereby giving rise to the surmise that the business of the company was not in operation. Consequently, its name was struck off by the Respondent from the Register of Companies under Section 248 of the Companies Act, 2013 vide Notice dated 27.04.2017 followed by Notification No. ROC/DELHI/248(5)/STK-7/2879 dated 30.06.2017. 4. The appellant -company admitted their default in carrying out the statutory compliances but submits that the same was due to lack of professional guidance, inadvertence and oversight. However, the appellant has submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4110000 115821 110564 2767 Ending 31.03.2016 11376943 4110000 127683 121862 4261 iii) The appellant-company has been filing Income-Tax Returns for the period ending 31.03.2016, 31.3.2017,31.03.2018 and 31.03.2019 and filed acknowledgements with the petition. The income-tax deposited during A.Y. 2015-16 was ₹ 2445/- and during 2016-17 ₹ 1540/-. iv) Appellant has also annexed a copy of FDR for ₹ 1,94,728/- with HDFC Bank drawn in the name of Appellant-company and has also filed Account Statement for the period 1.4.2016 to 31.3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing all outstanding documents for the defaulting years as required by law and completion of all formalities, including payment of any late fee or other charges which are leviable by the respondent for the late filing of statutory returns. The name of the petitioner company shall then stand restored in the Register of the Registrar of Companies (RoC), as if its name of the company had not been struck off. 9. The direction for freezing the Bank Account(s) of the Appellant company, if on this ground, shall consequently be also set aside immediately to enable the company carry out its business operation. Compliance of this order for restoration shall be made by the respondent with all its consequential effects within one week of compliance b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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