9911796707
TMI Blog2021 (8) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... as per Section 139(1) of the Income Tax Act., it is mandatory for every Company to file its Income Tax Returns. Although the Balance Sheet of the Appellant Company for the year 2016-17 reflects revenue from operations to the tune of ₹ 5,77,334, as pointed out by the RoC the same is not accompanied with Auditors Report. Further, when we peruse the Bank Statements of the Appellant Company for the year 2016-17, it is observed that entries of the said period do not seem to be arising out of its business operations - That the Balance Sheet filed for the year 2017-18 and the GST Certificate dated 17.07.2018 shall have no relevance for consideration since the same pertain to the post-strike off period. The Appellant Company has failed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on business of manufacturing and trading of organic food products and to sale purchase, import, export, manufacturing, trading and processing of mineral water, food and beverages...... 4. That the Appellant has submitted that the ROC struck off the Appellant Company's name from the register due to defaults in statutory compliances, namely failure to file Financial Statements Annual Returns since incorporation. That on perusal of the MCA website, it is noted that the RoC Delhi and Haryana had initiated proceedings under Section 248 of the Companies Act 2013 and struck off the name of the Appellant Company from its Register vide Notice No. ROC-DEL/248(5)/STK-7/2879 dated 30.06.2017. The name of the Appellant Company appeared at se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctfully submits that the action of striking off of the present Company was legal and justified and was the result of the operation of the law, as the company was not carrying on any operations for a period of two immediately preceding financial years (as indicated by non-filing of the financial statements of the Company for two or more years). 8. On perusal of petition received, it has been found in the enclosed Financial Statements there was no auditor report attached with the financials and further submitted that petitioner attached only 03 financial years Balance sheet (i.e. 2014-15, 2016-17 and 2017-18), fails to support the claim of the Company that it was carrying on any business in last two financial year for which it was struc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n'ble NCLAT in the matter of Alliance Commodities Private Limited Vs. Office of Registrar of Companies, West Bengal, Company Appeal (AT) No. 20 of 2019: 9. Section 252 (3) of the Companies Act, 2013 empowers the Tribunal to order restoration of a Company whose name has been struck off from the Register of Companies, if such company, any member or creditor or workman thereof feeling aggrieved by such striking off applies before the Tribunal seeking restoration of the struck off company to the Register of Companies before the expiry of twenty years from the publication in Official Gazette of notice under Section 248(5). The exercise of such power is properly regulated and depends upon satisfaction of the Tribunal that the Company at ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
