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TMI Blog2020 (5) TMI 701X X X X Extracts X X X X X X X X Extracts X X X X ..... was incorporated on 27.09.1978 under the provisions of Companies Act, 1956. The Main objects of the Company is to engage in gin, spin, weave, dye, bleach, to cultivate, buy, sell and deal in raw or finished cotton, wool, jute, silk, artificial silk staple fibre, synthetics, etc. It is submitted that the Respondent has issued public notice under Form No. STK - 5 on 11.05.2018 for striking off the name of the Company and subsequently issued Form No. STK - 7 on 06.07.2018 by striking off name of the Applicant Company from the Register of Companies. 3. It is submitted by the Learned Counsel for the Applicant that the when the Respondent issued Form No. STK - 5 on 11.05.2018, the Applicant by their letter dated 24.07.2019 has sent a reply stati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Companies Act, 2013. 7. Upon notice to the Respondent, the ROC Coimbatore has filed its Report on 30.01.2020 and it is averred that the Company has defaulted in filings its statutory return since 2015 and as per the directions of Ministry, notice under Section 248(1) in STK - 5 was issued to the Company and its Directors on 11.05.2018, to which, the Company has sent no reply. In the said circumstances, after completing the due procedure, the Company was finally struck off under Section 248(5) of the Companies Act, 2013 on 29.08.2018 and the same was published in the Gazette of India dated 15.09.2018. 8. We have considered the plea of the Applicant Company and the Respondent/RoC as well. The Applicant is seeking for the purpose of restor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period under scrutiny filing returns with Income Tax, however had failed to file the same with the Respondent of any statutory retunes. Further from the documents submitted by the Appellant, it is evident upon its bare perusal which would prove that the company was not doing any business and remains to be dormant. Further at para 4.16 of the Application, the Applicant Company has listed out the details of the Income Tax and the amount of Tax paid from the Assessment Year 2013 - 14 and the details of which are as follows; S. No. Assessment Year Gross Total Income Tax Paid 1 2013-14 Nil Nil 2 2014-15 Nil Nil 3 2015-16 Nil Nil 4 2016-17 Nil Nil 5 2017-18 Nil Nil 11. Thus, after conscientious perusal of the documents f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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