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TMI Blog2019 (12) TMI 1441X X X X Extracts X X X X X X X X Extracts X X X X ..... of Narayan Infrastructure Private Limited in the Register of Companies maintained by the Registrar of Companies, Gujarat, Dadra & Nagar Haveli. It is stated in the Appeal that the Appellants are Shareholders of Narayan Infrastructure Private Limited. 2. Narayan Infrastructure Private Limited is a Company registered under the Companies Act in the State of Gujarat. The Registered Office of Narayan Infrastructure Private Limited is situated in Vadodara, Gujarat and was incorporated on 02-3-2007 with CIN: U45201GJ2007PTC050140. 3. Mr. Ramakant Ambalal Chokshi, Mr. Ashwin Ambalal Chokshi and Mr. Narendra Ambalal Chokshi being shareholders of Narayan Infrastructure Private Limited resolved to file an Application before the National Company Law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioner Company has been active since incorporation and has also been maintaining all the requite documentation as per the provisions of the Companies Act, 1956/2013. (c) The Petitioner Company has neither received show cause notice, nor was it afforded any opportunity of being heard before the aforesaid action was taken by the Respondent. (d) The present petition is within the limitation period stipulated by Section 252(3) of the Companies Act, 2013 i.e. 20 years. (e) The company and the management remained involved in carrying out the business although it was struggling with financial crises and the assets of the company remained intact and it never became defunct nor a situation arose for wining up of its business. The company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd/or sections 92 & 137 of the Companies Act, 2013 and make an application under section 441 of the Companies Act, 2013 for compounding of the offences committed. 7. As per the orders of this Tribunal, notice was served upon the Income-tax Office and the appellants have also filed compliance dated 21-8-2019 to this effect. Accordingly, the Income-tax Officer, Ahmedabad had written letters dated 27-8-2019 & 12-9-2019 intimating the date of hearing. Inspite of serving notice, no reply was received from the Income Tax Department, Vadodara. Copy of the letter written by the Office of the Chief Commissioner of Income-tax to their Counterpart at Vadodara to submit their reply to this petition is also available on record. 8. The Appellants filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re Private Limited is carrying on its business and operation. Moreover, the Appellants have submitted copy of statement of bank account for last three years along with the status of Directors' DIN on MCA Portal before this Tribunal. 11. This Tribunal vide order dated 06-8-2019, advised the appellant to file a supplementary affidavit with regard to the income tax return since incorporation of the company and clarifying further its position with regard to a shell company and on unusual transaction made, if any during the demonetisation period. In response to the said orders, the company has filed the certain documents dated 20-9-2019 being copy of statement of bank accounts for last three years along with Status of Directors on MCA Porta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue a fresh certificate of incorporation, subject to the compliance of following conditions: i. The Appellants shall file all over due statutory returns with fee and additional fee as required under the Companies Act; ii. The Appellants shall publish a Notice in leading newspapers circulating in the District as well as in the Official Gazette of the Government of India with regard to the restoration of the name of the Company in the Register of Companies maintained by the Office of the Registrar of Companies, as per the draft notice approved by the Registrar of Companies at the expenses of the Appellant; iii. The Appellants shall also pay an amount of Rs. 25,000/- to the Ministry of Corporate Affairs by way of Demand Draft drawn on Nat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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