2020 (2) TMI 610

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....der passed by National Company Law Tribunal, Kolkata Bench, Kolkata on 27th August, 2019 in CP (Appeal) No.465/KB/2019 by which the NCLT dismissed the Appeal and affirmed the order passed by Respondent/ Registrar of Companies (ROC) 'striking off' the name of the Appellant Company from the Register of the Companies. 2. The Appellant Company was incorporated under the Companies Act, 1956 in the year 2012, having its registered office at Shrirampur Road, Dhandra Jamtara, Jharkhand. The Appellant Company was doing business of cutting and polishing of granite and is in operation. ROC, Jharkhand served the notice under Section 248(1)(c) of the Companies Act, 2013 (for short the 'Companies Act') to the Appellant Company, as the Appellant Compan....

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....ench. The Appellant Company had filed the Income Tax Return for the year 2017-18. It is further submitted that the Appellant had applied for expansion of projects during the year 2015 and 2016 and purchased the land from various land owners total 518.2 decimal for construction of permanent factory shed and starting the cutting, polishing and processing of the granite, marble and lime stones. 488 decimal of land is already mutated in the records of the Block Land and Land Reforms Office Salanpur (West Bengal) in the name of Appellant Company. Copies of Sale Deeds dated 17.04.2015 and 08.06.2015 are annexed with this Appeal. 5. Learned Counsel for the Appellant submits that the Appellant Company never received any notice or communication f....

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....sions laid down under Section 403(1) proviso-1 of Companies Act r/w Companies (Registration of Offices and Fees) Rules, 2014 and is ready to pay penalty whatever imposed by this Tribunal. 7. Having heard learned Counsel for the parties, we have perused the record and documents annexed with the Appeal. 8. Admittedly, the Appellant Company was incorporated on 27th November, 2012 and the Company has not filed its Balance Sheet and Annual Returns for the Financial Year ending on 31st March, 2013 onwards, before ROC. The Appellant Company has filed true copies of Audited Balance Sheet, Profit and Loss Account along with Auditors' Report for the Financial Year 2012-13 to 2017-18 duly signed by Auditors and Directors of the Appellant Company....