2020 (9) TMI 364

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....vate Limited struck off by the Registrar of Companies, Uttar Pradesh U/s 248 of the Companies Act, 2013 read with Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, from the Register of Companies maintained by the Registrar of Companies, Uttar Pradesh. 2. Facts of the appeal are stated as under: i. The Appellant Company Utkrist Infraprojects Private Limited was originally incorporated on 20.07.2010 with the Registrar of Companies, Uttar Pradesh having CIN U45400UP2010PTC041396. ii. The Appellant Company has been carrying on the business of Civil Construction, Civil Engineering, Infrastructure, Real estate related work since its incorporation. The same is mentioned in the Memorandum of ....

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.....05.2018 was received from the Company or its Directors. Further stated that neither any representation was received from company/its directors nor was any objection received from any person, accordingly, the company was dissolved. 4. Further, the Income Tax Authorities in its representation mentioned that the Appellant Company has filed its Income Tax Returns for Assessment Years 2014-15 to 2019-20 except for the Assessment year 2015-16. And, there is an outstanding demand of Rs. 2190/- for Assessment year 2011-12 is pending against the Company. 5. Further, in order to corroborate its submission, the Appellant has placed before us the following: a) Audited Balance Sheet reflecting Revenue from operations amounting to Rs. 72,....

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....s relied upon by the Appellant unmistakably demonstrate that the Appellant Company is a living entity. As regards the pending demands raised by the Income Tax Authorities, same can be fulfilled once the Company is restored. 8. This Tribunal has examined the relevant provision applicable for restoration of the name of the company as provided in Section 252 of the Companies Act 2013 and as per the facts and circumstances of the case, it will be in the interest of the Company, its Shareholders and Creditors, the name of the Company be ordered to be restored by this Bench while exercising its jurisdiction U/s 252 of the Companies Act, 2013 read with Rules made thereunder. 9. The provisions pertaining to restoration of the name of the comp....