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TMI Blog2022 (1) TMI 911X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Registrar of Companies, NCT of Delhi and Haryana (the 'RoC'). 2. As per the averments, the company was initially incorporated as a Private Limited Company in the name and style of "M/s Anjani Infra Private Limited" on 13.12.2007 with CIN U45400DL2007PTC 171400 and having its registered office at 1st Floor, A-14, Jhilmil Colony, Delhi -110095, which is within the jurisdiction of this Tribunal. In the year 2013, the name of the company was changed from "M/s Anjani Infra Private Limited to M/s Balajee Developwell Private Limited vide fresh Certificate of Incorporation dated 23.02.2013. The copies of Certificate of Incorporation are annexed with the application. 3. That as per its MoA, the Appellant Company was incorporated for furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aintain, improve, develop civil and constructional work relating to roads. electric power heat and light supply work, hotels buildings, godowns, pleasure grounds, parks, gardens, docks, jetties, embankments, bunds, bridges, wharves, canals, irrigation reclamations, improvements, sewage, sanitary telegraphic, telephone works, warehouses, markets, public building and all other such civil and related constructional work. v) To develop the land for by providing roads & other facilities such as water supply and sale the same and to erect and construct buildings or work civil and constructional of even; description on any land of the company or upon any other such lands or immovable property and to pull down, rebuild enlarge, alter and improve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Year Revenue From Operations 2017-18 Nil 2018-19 Nil 2019-20 Nil c) Copies of Form 26AS towards TDS deposits as follows : i. for the Assessment Years from 2015-16, depicting TDS deposit of Rs. 67,000/- ii. for the Assessment Years from 2016-17, depicting TDS deposit as 'Nil' iii. for the Assessment Years from 2017-18 depicting TDS deposit of Rs. 4438/- IV. besides, Form 26AS for the Assessment Years 2018-19 & 2019-20 depicting TDS deposits have also been placed. d) Copy of Bank statement issued by Punjab National Bank from 04.04.2017 to 11.10.2019, depicting a credit balance of Rs. 16,410/-. 6. That the ROC has filed its report dated 02.09.2021. The relevant extracts of the ROC's report are reproduced below : 7. That ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd. The same alone cannot be considered to indicate that it was either in operation or carrying out its business at the time of its name was struck off from the register of RoC . 11. As rightly objected by the RoC, the Appellant Company has not filed or placed on record the copies of the Financial Statements for the Financial Years 2015-16 and 2016-17 i.e., for the two years prior to the date of its striking off to depict that the Appellant Company was in operation or carrying out its business. 12. In the circumstances, it is worthwhile to refer to the Judgment of Hon'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) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... room for arbitrary exercise of power by the Tribunal when there is specific finding that the Company has not been in operation or has not been carrying on business in consonance with the objects of the Company. A Shell Company or a Company having assets but advancing loans to sister concerns or corporate persons for siphoning of the funds, evading tax or indulging in unlawful business or not abiding by the statutory compliances cannot be allowed to invoke this expression "or otherwise" which would be a travesty of justice besides defeating the very object of the Company...." 13. In sequel to the above, this Bench is of the view that the Appellant Company has failed to bring anything concrete on record, which could demonstrate that the App ..... X X X X Extracts X X X X X X X X Extracts X X X X
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