Tribunal restores company name despite appeal filed under incorrect section

The Tribunal allowed the Company Appeal for restoration of a company's name in the Register of Companies under Section 252(1) of the Companies Act, 2013. Despite the appeal being filed under the incorrect section, the Tribunal relied on a Supreme Court judgment to address the issue. Emphasizing public and revenue interests, the Tribunal directed the Registrar of Companies to restore the company's name, subject to compliance with statutory requirements and publication notices. The appeal's success exempted the company from immediate legal or tax actions, with the order communicated to both the ROC and the company.

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Issues:
1. Restoration of company name in Register of Companies by Tribunal under Section 252(3) of the Companies Act, 2013.

Detailed Analysis:
The Department of Income Tax filed a Company Appeal seeking restoration of the name of a company struck off by the Registrar of Companies (ROC). The appeal was filed under Section 252(3) of the Companies Act, 2013, based on a circular directing such actions in cases where companies' names are struck off by the ROC. The Income Tax Department issued a notice to the company under the Income Tax Act, but no response was received. The appeal was filed within the time limit to protect the revenue's legitimate interest.

The Tribunal noted that the appeal should have been filed under Section 252(1) of the Companies Act, 2013, instead of Section 252(3), as the company was struck off by the ROC. However, citing a Supreme Court judgment, the Tribunal decided to treat the application under Section 252(1). The Tribunal emphasized the need to restore the company's name in the Register of Companies to protect public interest and revenue's legitimate interest.

The Tribunal found it just and equitable to allow the appeal and directed the ROC to restore the company's name in the register. The restoration was subject to the publication of notices in newspapers and the Official Gazette. The company was instructed to comply with all statutory requirements. The time taken for the appeal's disposal was exempted for initiating Income Tax or legal proceedings against the company. The order was to be communicated to the ROC and the company. Ultimately, the Company Appeal was allowed, and the matter was disposed of by the Tribunal.

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