TaxTMI 
TaxTMI 
2017 (12) TMI 1034
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....s may first be noticed. The appellant company was incorporated on 3.2.2004 under the provisions of Companies Act, 1956. It has been carrying on the business of import, export, purchase, assemble, stockists, distributors etc. and related software and hardware. It is claimed that it is a young SMERA rated company engaged into Systems Integration projects catering to IT domain across Smartgrid Utilities and Banking, financial institutions and Central Government undertakings. It is further claimed that it has signed Memorandum of Understandings with Japanese Companies like HITACHI Systems, CAC Holdings and FUJI Electric to cater to their outsourcing and IT hardware requirements. It has 84 employees and operates from its registered office situated at Building #04-LGF, Gagan Vihar, Delhi-110051. 3. The appellant has acknowledged a receipt of notice sent by the Registrar of Companies bearing No. DEL/248(1)/STK-1 dated 03.2017 asking the company and its directors to show cause alongwith copies of documents if any as to why the name of the company should not be struck off from the register of the Registrar of Companies in accordance with the provisions of Section 248(1) and (2) of the Co....
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....ts name was struck off:- S.No. Date of receipt Amount received in Rs. 1 02.06.2017 1,98,696.00 2 03.06.2017 9,79,203.26 3 03.06.2017 3,97,225.00 4 09.06.2017 6,00,000.00 5 12.06.2017 3,00,000.00 6 13.06.2017 2,00,000.00 7 16.06.2017 10,00,000.00 6. The appellant company has claimed that it availed services and procured equipment required for running its operations. It availed services from Next Gen Networks including laying of CAT6 UTP cable on telephone clip and invoice number SER-NEXT-17- 18-03 dated 08.06.2017 for Rs. 24,980/- was issued against the appellant company. The appellant company also paid MTNL bills on 01.06.2017 as is evident from the Bank Statement of the appellant company for this period. The appellant company had taken office space on lease for running its operations at the premises situated at Building #04-LGF, Gagan Vihar, Delhi - 110051 with effect from 01.10.2016 for a period of two years till 30.09.2018. 7. The annual turnover of the appellant company for the financial years 2014-15, 2015-16 and 2016-17 was Rs. 1,42,93,101, Rs. 1,00,36,451 and Rs. 5,64,27,999/- respectivel....
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....m its register and in that regard the provisions of Section 248 are required to be followed. Notices were issued in accordance with Rule 7 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 and as per the record the Registrar of Companies took the following steps: "i. Pursuant to section 248(1) Notice was issued by Registrar for removal of names of companies from the register of companies in form STK-1 and also to its directors by invoking the provisions of section 20 of the Companies Act, 2013. ii. Public notice in form STK-5 was issued for 27291 companies and published on the website of Ministry of Corporate Affairs on 27.04.2017 (The Notice and Screen Shot of the MCA21 Portal taken on 03.08.2017 are annexed collectively as Annexure-I) iii. Letters were sent to various authorities i.e. Income Tax, Central Excise, Service Tax, RBI & SFIO inter alia, to furnish Objections/No Objection Certificate in respect of companies under process of striking off. iv. Public notice was published in newspapers, namely Hindustan Times (English) and Hindustan (Hindi) on 28.04.2017, in form STK-5A. (Copies of notices are an....
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....re passing any order under this section, the Tribunal shall give a reasonable opportunity of making representations and of being heard to the Registrar, the company and all the persons concerned: Provided further that if the Registrar is satisfied, that the name of the company has been struck off from the register of companies either inadvertently or on the basis of incorrect information furnished by the company or its directors, which requires restoration in the register of companies, he may within a period of three years from the date of passing of the order dissolving the company under section 248, file an application before the Tribunal seeking restoration of name of such company. (2) A copy of the order passed by the Tribunal shall be filed by the company with the Registrar within thirty days from the date of the order and on receipt of the order, the Registrar shall cause the name of the company to be restored in the register of companies and shall issue a fresh certificate of incorporation. (3) If a company, or any member or creditor or workman thereof feels aggrieved by the company having its name struck off from the register of companies, the Tri....
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....ing with various entities as extracted in preceding para 8. There are assets available as is mentioned in supra para 9. In the face of the aforesaid it would not be reasonable for the Registrar to assume that the appellant company was not carrying on any business or operation for a period of two immediately preceding financial year. The appellant company cannot thus be regarded as a defunct company. 17. The appellant company has also filed its income tax return for the assessment year 2014-15, 2015-16, 2016-17 and have also attached acknowledgment for filing service tax return for the period 01.04.2015 to Sept. 2016; 01.10.2016 to 31.03.2017 and 01.04.2017 to 30.06.2017. The fact remains that there is no plausible explanation as to why it has not filed its annual returns and balance sheets before the ROC. There is thus a serious lapse on the part of the appellant company. 18. In the facts and circumstances explained in the preceding paras we are of the view that the appellant company fulfils the requirement of Section 252(1) read with Section 252(3) of the Companies Act which overwhelming warrant its restoration. 19. As a sequel to the above discussion this appeal is allow....