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of <h1>Corporate Name Restoration Upheld: Tax Recovery Prevails Despite Income Tax Department's Challenge Under Insolvency Rules</h1> <h3>Topline Comtech Pvt. Ltd. & Ors. Versus Income Tax Officer, Ward No. 25 (3), new Delhi & Anr.</h3> Topline Comtech Pvt. Ltd. & Ors. Versus Income Tax Officer, Ward No. 25 (3), new Delhi & Anr. - TMI Summary:The National Company Law Appellate Tribunal (NCLAT) dismissed the appeal filed by M/s. Topline Comtech Pvt. Ltd. challenging the order of the NCLT dated 21.10.2024, which restored the company's name on the register under Section 252(1) read with Section 252(3) of the Companies Act, 2013. The restoration was sought by the Income Tax Department due to outstanding tax demand of Rs. 6,69,910/- for assessment year 2012-13.Key legal reasoning includes:- The appellants failed to appear before the NCLT despite notices and paper publication; the impugned order noted non-appearance (para 8).- Although appellants filed replies on 08.12.2023 and 08.04.2024, their physical presence was not recorded, and they did not dispute the tax demand.- Respondents admitted the assessment order and demand notice but contended limitation bar.- The Tribunal upheld the presumption of correctness of the NCLT's order and rejected the appellants' claim that their presence was inadvertently not recorded.- The Tribunal concluded there was no reason to set aside the impugned order restoring the company's name, emphasizing the importance of facilitating tax recovery.The appeal was accordingly dismissed, and all pending applications disposed of.
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