TaxTMI 
TaxTMI 
2019 (5) TMI 1723
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....r setting aside of dissolution of Appellant Company. 2. The Appellant/Petitioner submits that the company was incorporated on 07.12.2011 under the Companies Act, 1956. The company is engaged as tourist contractor, consultant, travel agent etc. The company has failed to file its statutory Returns (i.e. Financial Statements and Annual Returns) for the Financial Year ended on 31.03.2015 and 31.03.2016. Consequently, ROC Pune Struck Off the name of the company from the Register of Companies u/s 248 (5) of the Companies Act, 2013. 3. The Appellant Company is also tax payer and has filed the Income Tax Return from time to time. 4. The appellants submit that, the company had carried out business activities and during the course of activities an....
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....es by the respondent without following principles of natural justice, not only the appellants but the other directors would suffer grave losses and danger as they would be facing disqualification as Directors. 7. The company had filed the requisite forms and returns upto the year ended March 31, 2014 under the provisions of Companies Act, 2013. However, the company due to internal problems and lack of proper and material communication between the practicing company secretary and officials of the company, could not file the pending annual accounts and annual returns. 8. It is submitted that the respondent continued the actions and ultimately struck off the name of the company form the Register of the Companies maintained by the Respondent.....
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....elied upon a Judgmentin the matter of "Purushottamdas v. Registrar of Companies, [1986] 60 Comp. Cas. 154 Maharashtra, and others" passed by the Hon'ble Bombay High Court, Nagpur Bench on April, 06th 1984. The brief facts of case is that the petition was filed u/s 560(6) of the Companies Act, 1956 seeking to secure an order of restoration of the name of the company M/s Bulakidas Mohta Co. P. Ltd. The company was incorporated on 13.10.1939, in the year 1953 another concern known as "Rai Sahed R.G. Mohta spinning and Weaving Mills Ltd., Akola" had secured a loan from Laxmi Bank and for that purpose, M/s Bulakidas Mohta and Co., had tendered an equitable mortgage of their property and assets to the Laxmi Bank for the security of the said l....
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....ven by appellant that the directors of the appellant company are also directors in other companies and would suffer grave losses and danger as they would be facing disqualification as directors. As stated above, the restoration of the name of the company would be based on the strength of the appellant company/operation of the appellant company and not on the extraneous grounds submitted in the petition. 16. Upon analysis on the Balance Sheet, Profit and Loss Account of the Company, it is observed that the company did not generate any Income/Revenue from its operations since the financial year ending 31st March 2014 to 31st March 2017. Further it is also noted that the company did not spend any amount towards Employee Benefit Expenses for t....