2020 (2) TMI 393

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....ies, Mumbai. 2. The Petitioner submits that the company was incorporated on 27/09/2012 under the Companies Act, 1956 vide CIN U70109MH2012PTC236297, as a private company limited by shares with the Registrar of Companies, Mumbai, Maharashtra. 3. The Petitioner submits that the Main Object of the Petitioner company is - "To carry on the business of buying and selling of land with or without existing structures and selling them with or without development and to carry on business of builders, developers and construction of residential and commercial structures and buildings of all types, including large housing complexes and other infrastructure facilities and to build, construct, alter, acquire, convert, improve, design, erect,....

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....r submits that the Respondent issued notice in Form STK-1 dated 4.07.2018 vide letter No.ROC-MUMBAI/ 248(1)/174589/2018 for striking off the name of the company from the Register of Companies maintained by them under Section 248(1) of the Companies Act, 2013. The Petitioner further submits that such default is caused for the first time by the Directors due to the inevitable circumstances, inadvertently and without any malafide intentions and without prejudice to the interest of the other Members of the Petitioner company. 6. Consequently, the Respondent initiated the proceedings under Section 248(5) of the Companies Act, 2013 for striking off the name of the company from the Register maintained by them vide Public Notice No.ROC-Mum/Secti....

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....s applicable on the date of actual filing. 11. This Bench had directed the Petitioner to serve notice to the Income Tax Department, Registrar of Companies and Regional Director. The Counsel submitted an Affidavit of Service dated 03.07.2019 confirming the service of notice on Income Tax Department with its PAN; The Regional Director and Registrar of Companies. However, no reply is received from the I.T. Department. 12. The Respondent filed its Affidavit-in-reply on 13.06.2019 explaining the sequence leading to the striking of the name of the company. The Respondent side issued STK-1 notice and STK-5 dated 19.07.2018. In addition to the publication of the name of the company on the website of the Ministry, the name of the company was a....

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....venue from operation Rs. 46.81 lakh; Cost of materials consumed Rs. 55.10 lakh; Changes in inventories of finished goods, semi-finished goods & stock in trade Rs. 22.22 lakh; Employee Benefits Expenses Rs. 8.10 lakh; Other Cost Rs. 2.37 lakh; Net Profit for the year Rs. 1.54 lakh; Reserves & Surplus Rs. 3.21 lakh; Long term Borrowings Rs. 17.38 lakh; Short Term Provisions Rs. 22.56 lakh; Tangible Assets Rs. 1.44 lakh; Long Term Loans & Advances Rs. 18.00 lakh; Inventories Rs. 1.61 crore; Trade receivables Rs. 84,000/-; Other Current Assets Rs. 1.12 crore. The Company has Paid-up Capital of Rs. 2.80 crore. 15. On hearing the submissions of the Ld. Counsel appearing on behalf of Petitioner, perusal of the Report of Registrar of Companies, ....