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TMI Blog2019 (9) TMI 1675X X X X Extracts X X X X X X X X Extracts X X X X ..... struck off company are nonest. Keeping in view the submission made, the appellant has justified the grounds on which it seeks restoration of the name of the company so as to proceed further. li. is equally expedient for ihe respondent company to seek its restoration as they wish to contest the claim made by the appellant before any judicial forum. The RoC is therefore directed to restore the name of the Respondent Company in their Register and also proceed to take such other and further penal action against the respondents in accordance with the statutory provisions - Petition allowed. - Appeal No. 422/252/ND/2019 - - - Dated:- 25-9-2019 - SMT. INA MALHOTRA, HON BLE MEMBER (J) AND SH. L.N. GUPTA, HON BLE MEMBER (T) For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the name of the respondent company being struck off, the respondent company had failed to disclose its true income. The Income Tax Returns filed for the assessment year 2011-12 reflected a Loss of Rs. 45,011/- while an amount of Rs. 8.75 crores had been received in the Bank account of the Respondent company maintained with Andhra Bank, Paschim Vihar, New Delhi. Upon investigation it has been learnt that this amount of Rs. 8.75 crores has been received from 11 entities in the month of March, 2011. This amount appears to be in the nature of cash credit liable to be included for assessment under section 68 of the I.T. Act. The returns do riot disclose this bank account, neither has this income been reflected in the return of income. It is the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Companies to proceed further in accordance with law for recovery of the Revenue which the respondents have evaded, in view of the grounds raised by the applicant, being an aggrieved person, the prayer can be entertained u/s 252(3) of the Code. 8. Upon notice being issued, respondents 3 and 4 appeared and filed their reply impugning the demand stating that the assessment order was against a dead company and therefore the appellant is merely seeking to legalise its act which is contrary to the provisions of law. The assessments made against a struck off company are nonest. The respondent have raised other points also challenging the notice and impugning it in Writ Petition (Civil) 7122/2019 filed before the Hon ble High Court of Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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