2019 (8) TMI 881

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....mpanies Act, 2013 for restoration of the name of the Company which has been struck off by the Registrar of Companies, West Bengal. 2.   The facts, in brief, are that the Appellant Company was incorporated as Private Limited Company on 07-06-2011. The main object of the Company is to carry on the business of Web site development, IT/ IT enabled services including consulting as per Clause III of the Memorandum of Association of the Company. The company has got valid PAN Number, Importer/Exporter Code and Service Tax registration. The Company has filed Annual Returns up to Financial year 2014. Thereafter, the Annual Returns could not be filed. 3.   The Company has submitted Audited financial statements from the Financ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....that since the financial statements for the financial years 2014-15 till 2017-18 had not been filed, the name of the Company has been struck off as per the provisions of Section 248 of the Companies Act, 2013 after complying with the requirements of law, as due to non-filing, an opinion was formed that the Company was not carrying on business or in operation. However, the Registrar of Companies has also contended that based upon the facts mentioned in the Petition, if the Tribunal is of the view that the name of the Company deserves to be restored, the Company can be revived accordingly. 7.   Heard both the parties. 8.   It is noted that the Company is having regular operations and have got substantial revenue ther....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....al fee/fine as decided by ROC within 45 days from the date on which its name is restored on the Register of Companies by the ROC; (iii) The Company's representatives, who has filed the Company appeal on behalf of the Appellant Company, is directed to personally ensure compliance of this order. (iv)   The restoration of the Company's name is also subject to the payment of cost of Rs. 25,000/- (Rupees Twenty five thousand only) for each year of default through online payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as "payment of cost for revival of company pursuant to orders of Hon'ble NCLT in Appeal No. 610/KB/2019". (v)   The appellant is permitted to del....