TMI Blog2019 (12) TMI 1439X X X X Extracts X X X X X X X X Extracts X X X X ..... ayable by Respondent Company and great prejudice will be caused to its revenues, if the name of the Company is not restored back - It is just and equitable to allow restoration of the name of the company, the Appeal is allowed. The Registrar of Companies, is directed to restore the name of M/s. HSI Infotech Pvt. Ltd. in its Register, as if the name of the Company had not been struck off in accordance with section 248(1) of the Companies Act, 2013 - application allowed. - Appeal No. 499/252/ND/2019 - - - Dated:- 13-12-2019 - Abni Ranjan Kumar Sinha, Judicial Member And L.N. Gupta, Technical Member For the Appellant : Ms. Lakshmi Gurung, Adv. For the Respondent : M. Yadubhushana Rao ORDER L.N. GUPTA, TECHNICAL MEM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s. Shri Ram Sales (Prop. Sube Singh which is non-existent). 5.4 On receipt of information from DCIT, Circle 1, Gurugram and DDIT (Inv), New Delhi, Bank statement of the respondent company was called for under section 133(6) of the IT Act, perusal of which shows it is that respondent company has received funds during FY 2011-12 of ₹ 2,97,50,000/- from M/s. Sahil Tradewell Marketing Pvt. Ltd., a bogus company controlled by Sh. Atul Tyagi and ₹ 12,72,000/- from M/s. Shri Ram sales which a non-existing concern. It is further seen that the account was opened on 20-6-2011 and was closed on 31-3-2012. All amounts credited in the accounts were transferred to parties either on same day or next day which is typical pattern of entry p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... covery of the taxes from the Respondent Company and for any further consequential proceedings against the company under the I.T. Act, there is a need of restoration of the Company, namely, M/s. HSI Infotech Pvt. Ltd. in the Register of Companies. 9. The Appellant has affected service of notice to the Respondent Nos. 3 and 4 vide publications in the Newspapers namely, Financial Express (English) and Amar Ujala (Hindi) on 23-10-2019. 10. That the Respondent No. 1 i.e., RoC submitted during the final hearing that they do not have any objection if the name of the Respondent Company is restored in the Register of RoC. 11. The Income-tax Department is an aggrieved party within the meaning of Section 252(1) read with 252(3) as it has to r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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