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TMI Blog2021 (11) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... within a period of thirty days of appointment of the Liquidator, as required under Section 178 of the Income Tax Act, 1961 - petition admitted. - C. P. 786/MB/2020 - - - Dated:- 5-10-2021 - Ashok Kumar Borah, Member (J) And Shyam Babu Gautam, Member (T) For the Appellant : Rashid Boatwala, Advocate ORDER Shyam Babu Gautam, Member (T) 1. This is a Company Petition filed under Section 271(a) and other applicable provisions of the Companies Act, 2013 for winding up of the Petitioner Company in pursuance of the special resolution dated 23.12.2019, passed by the members of the Petitioner Company through its Director Mr. Suresh Kurkute. 2. Heard, Ld. Counsel for the Petitioner Company (Benzoin Trades and Agencies Pvt. Ltd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Company for the Petitioner Company also referred to the report of the Registrar of Company (RoC) wherein the RoC has noted that the Petitioner Company has current assets of ₹ 1,98,50,56,054/- and non-current assets of ₹ 7,23,43,000/- as against trade payables of ₹ 3,68,29,16,894/- and other current liabilities of ₹ 27,51,238/-. Further the RoC also noted that for the year ended 31.03.2018 revenue from operations of ₹ 41,84,35,498/- and losses of ₹ 32,19,10,788/- based on the same the RoC made the following observations:- (1) Notice may be given to Income Tax Department/other appropriate authority for any outstanding dues/objection before dissolution of the Company. (2) The Liquidator may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tatement of Affairs filed by the Petitioner Company vis- -vis the observation of the RoC, the Company is not carrying on any business and has not carried out any business for many years. Thus, under the circumstances; this Bench considered to wind up the Company with immediate effect. 11. Accordingly, it is hereby order as follows:- (a) The Petition of the Petitioner Company for winding up is admitted. (b) This Bench hereby appoints Mr. Prakash Shenoy having email Id [email protected] and having IBBI Reg. No. IBBI/IPA-002/IP-N00946/2019-2020/13010 as a liquidator. To carry out the function as mention u/s. 275(3) of the Companies Act, 2013 r/w Companies (winding up) rules, 2020 and orders of the said liquidator to forthwith ..... X X X X Extracts X X X X X X X X Extracts X X X X
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