TaxTMI 
TaxTMI 
TaxTMI 
2019 (5) TMI 1419
X X X X Extracts X X X X
X X X X Extracts X X X X
....mpany namely, M/s. Swaroop Health Care Pvt. Ltd. in its statutory register, which, the ROC, Ahmedabad vide its impugned order dated 21.06.2017 has struck off. 2. It is submitted by the Income Tax department in the present appeal that some scrutiny is going on against the respondent/ assessee company for the reassessment the income (for the Annual Year 2011-12) which is relevant to financial year 2010-11. During the course of arguments, the learned counsel, appearing for the appellant mentioned that there was unaccountable transaction of Rs. 2,00,000/- (Rupees Two Lakhs Only) in Vijay Co-Operative Bank vide A/c. No. 132005101003981 during the Financial Year 2010-11. The assessee company did not file its income tax return for the year under consideration. Therefore, the Income Tax Department has reopened the assessment of the company i.e. M/s. Swaroop Health Care Pvt. Ltd. which is now pending. It is submitted that the Income Tax Department made scrutiny against the Respondent Company for the Income Tax Assessment Year 2010-11 relevant to the financial year 2010-11 which is now pending and the same would be barred by limitation. Therefore, the company's name is required to be ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....on affidavit dated 02.11.2018 and justified its action, by contending that the respondent assessee company did not respond to its statutory notice/ communication. Hence, its name was struck off. 6. The ROC, Ahmedabad in its very same representation dated 02.11.2018 has also referred a circular of the CBDT; which is being relying on by the appellant (Income Tax Department). The said circular was issued vide F. No. 225/423/2017/ITA.II dated 29.12.2017 by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, New Delhi, directing the department to file statutory appeal before the NCLT for the restoration of the name of assessee company falling under following circumstances: a. Where the proceedings under section 143(3)/144/147/153A/ 153C set aside cases were already in progress; or b. Where proceedings under Section 143(3)/ 144/ 153A/ 153C are contemplated in near future; or c. Where Department Appeals were pending; or d. Where penalty proceedings already initiated were pending; or e. Where prosecution proceedings were initiated/ launched. 7. Keeping in view, the above stated circular, issued by CBDT; the ROC, Ahmedabad vide its representation has s....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... (other than the one revived through NCLT order as mentioned in CRF). This may be ensured by the ROC before raising CRF with E-governance. (3) Further, the Registrar(s) of Companies are directed to ensure that CRFs are raised in such cases only, after thorough scrutiny of the NCLT orders and ensuring that such struck off companies had filed overdue documents before filing e-CODS, 2018 and had filed petitions before the CLT during the validity of COD. 9. In the light of above stated circular, the ROC has submitted that this tribunal may pass an appropriate order for restoration of name of the company subject to following conditions: " The publication of notice in two leading newspapers circulating in the district and Official Gazette of Government of India, in regard to the restoration of the name of the company on the register maintained in the office of the Respondent No. 1 as per the draft approved by the respondent No. 1, at the cost of the Petitioner." 10. We duly considered the above stated facts and circumstances of the present appeal in the light of above stated circular/ circulars issued by the Central Government, through the Ministry of Finance, CBDT, New Delhi as we....
X X X X Extracts X X X X
X X X X Extracts X X X X
....igation are pending in the Court; (v) companies where notices under section 234 of the Companies Act, 1956 (1 of 1956) or section 206 or section 207 of the Act have been issued by the Registrar or Inspector and reply thereto is pending or report under section 208 has not yet been submitted or follow up of instructions on report under section 208 is pending or where any prosecution arising out of such inquiry or scrutiny, if any, is pending with the Court; (vi) companies against which any prosecution for an offence is pending in any court; (vii) companies whose application for compounding is pending before the competent authority for compounding the offences committed by the company or any of its officers in default; (viii) companies, which have accepted public deposits which are either outstanding or the company is in default in repayment of the same;" 15. By plane reading the above stated Rule, it is clear that name of such companies not to be deregistered when some legal/ administrative action against it has been initiated or being contemplated. 16. In the present matter, it is undisputed position that the income tax department has already taken a conscious/ administrat....