2019 (5) TMI 1533

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....o.9 is filed by Aek Tek Auto Engineering Pvt. Ltd., ('Company') under Section 252(3) of the Companies Act, 2013 ('Act') seeking restoration of the name of the Company in the Register of Companies. The master data of the Company is at page 319 of the Petition. The CIN of the Company is U34102PB2012PTC036680. The Company was incorporated on 24.09.2012. The registered address of the company is Gali No.3, Hira Nagar, Near Transport Nagar, Ludhiana- 141001. Therefore, the matter lies within the territorial jurisdiction of this Tribunal. 2. The petition is accompanied by affidavit verified by Shri Manpreet Singh, Director of the Company, authorized by Board Resolution dated 06.03.2019 (Annexure A-1 of the petition). 3. The certificate of inco....

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....ed 11.09.2018. The name of the Company is stated to be at Serial No.567 in the Form STK-7. 5. It is submitted that the Company is active since its incorporation and is a going concern; maintaining all requisite documentation; AGMs of the company were held at due dates; accounts of the Company were prepared and audited. It is also stated that the company has filed all the due VAT/GST Returns and Income Tax Returns for all the defaulted financial years. Also, The Tax Audit Reports (Form 3CB) ranging from the financial years 2013-14 to 2017-18 are found attached with the petition. 6. It is further deposed that the non-compliance of filing financial statements with the RoC was unintentional and was because of inadvertence & ignorance on the....

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....5.2019 (supra). 10. We have carefully considered the submissions of the learned representatives for the Company as well as the submissions on behalf of the ROC and have also perused the record. 11. The relevant Section 252(3) of the Act is as follows:- "(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 Tribunal on an application made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 may, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or othe....

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.... 2014-15, 2015-16, 2016-17, 2017-18 and 2018-19. The gross total income for the assessment years are as under:- Assessment Year Gross total income (Rs.) Date of filing 2014-15 (50,355) 30.11.2014 2015-16 (10206) 30.09.2015 2016-17 45,553 17.10.2016 2017-18 63,672 07.11.2017 2018-19 1,92,701 31.10.2018 The returns for four assessment years are shown to be filed before 11.09.2018, which is the date of striking off the name of the Company from the Register of Companies. 15. The statement of account from 01.01.2011 to 25.02.2019 of the Company with Canara Bank, has been filed at Annexure A-7 of the petition to show that the Company was carrying on business at the time when its name was struck off from the Regist....