9911796707
TMI Blog2019 (6) TMI 1686X X X X Extracts X X X X X X X X Extracts X X X X ..... RTS PVT. LTD. struck off by the Registrar of Companies, Uttar Pradesh U/s 248 of the Companies Act, 2013 (corresponding to Section 560 of the Companies Act, 1956) read with companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 from the Register of Companies maintained by the Registrar of Companies, Uttar Pradesh. 2. Brief facts of the appeal are stated as under: 2.1. The Appellants' company M/s. BHAVYEH HOTELS & RESORTS PVT. LTD. is a Private Limited company incorporated on 22.07.2009 having CIN NO.U55101UR2009PTC032890. The Registered Office of the Company is situated at Ganga Beach Resort, Tapovan Tehri Garhwal, Uttrakhand, 249192. 2.2. That the appellants' company has Authorized Share Capital o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equently published in the official Gazette of India dated 15-21 July, 2017. 2.7. It is further stated that the company has been active since its incorporation and maintaining all the requisite documentation, as per the provisions of Companies Act, 2013. Therefore, the notice from the respondent in Form STK-7 U/s 248(5) of the Act has been issued and the reason for striking off by the respondent in Form STK-5 is that the Appellants' Company did not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a Dormant Company U/s 455. 2.8. Further, it is stated that the respondent has not followed the procedure prescribe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot file its Income Tax Return for the AY 2010-11, 2011-12, 2012-13, 2013-14, 2014-15 & 2015-16. However, appellants' company for the first time has filed its return of income for the AY 2016-17 and thereafter for the AY 2017-18 and 2018-19. 6. Heard the arguments of the counsels for the Appellants, ROC and Department of Income Tax and perused the documents submitted by the Appellants. It is noted that the company has paid up share capital of Rs. 1,00,000/-, fixed asset of Rs. 4,90,55,010/- in form of land, trade payables of Rs. 44,500/- and current liabilities of Rs. 1,00,444/-Jong term loan and advances of Rs. 4,90,55,010/- as on 31.03.2017. The revenue from operations of the Appellants' Company was NIL till 31.03.2017. Company ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncern, but has some land asset and liabilities and to would be just and equitable in the interest of the Company, its Shareholders and Creditors, the name of the Company be ordered to be restored by this Bench while exercising its jurisdiction U/s 252 of the Companies Act, 2013 read with Rules made thereunder. 10. The Registrar of Companies, the Respondent herein, is ordered to restore the original status of the Appellant Company as if the name of the Company has not been struck off from the Register of Companies and take all consequential actions such as change of Company's status from 'Strike Off to 'Active' (for e-filing), restoration of status of DIN etc. 11. The Appellant Company is directed to file all the statutory ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
