2020 (11) TMI 683

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....sions of Section 252(3) of the Companies Act, 2013 for restoration of the name of the Respondents Company M/s. M.B. Jewellers Pvt Ltd, Shop No.5, Rani Jhansi Market, Karol Bagh, New Delhi 110 005 in the register maintained by the Registrar of Companies, NCT of Delhi &Haryana. 2. As per the averments, M/s. M.B. JewellersPrivate Limited,New Delhi was incorporated on 23.10.1991 as a private limited company and has its registered office at Shop No.5, Rani Jhansi Market, Karol Bagh, New Delhi 110 005 having CIN No. U74899DL1991PTC046128. The business of the appellant company is to carry outsale / purchase of bullion. The Authorised and Paid -up share capital of the respondent is Rs. 4,00,00,000/- and Rs. 1,42,82,000/- respectively. The responde....

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....any calling them to prepare a true and correct return of its income in respect of A.Y. 2017-18. The said proceedings are pending against respondent company. Further Notice dated 22.08.2018 U/s.142(1) of the Income-tax Act was also served upon the respondents. The appellant raised Assessment Order dt.14.11.2018 along with Demand Notice dated 25.12.2019 u/sec.144 of the Income Tax Act, 1961 wherein demand of Rs. 3,43,91,665/- has been created against the respondent company. The appellant submitted that as respondent company has made evasions under different provisions of Income -tax Act hence notices dated 25.12.2019 u/sec.271AAC, 272(A)(1()(d), 270A and 271B of Income-tax Act, 2961 has been issued to the respondent company. The respondent co....

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....davit of service on 05.02.2020, wherein it states that service through publication was effected through newspapers Financial Express and Jansatta on 30.01.2020 on the Respondent Company and its Directors in pursuance of the order of this Tribunal. It is further stated that in spite of proper service to the respondent nos. 2 to 4, none appeared. Hence, the case was proceeded ex-parte against the said Respondents vide order dated 03.03.2020. On 15.10.2020 respondents 2 to 4 put in appearance and both the sides agreed to revival of the respondent company. 10. The Income Tax Department is an aggrieved party within the meaning of section 252(1) and a creditor under Section 252(3) as it has to recover tax demand and penalty from the respondent c....