2020 (12) TMI 375

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....referred to as ROC) to restore the name of Respondent No. 2 i.e. M/s. Bindal Impex Pvt. Ltd. (hereinafter referred to as the Company) in the Register of Companies maintained by the office of ROC. The ROC vide its order/notice STK-7 dated 14.08.2018 has struck off the name of the company M/s. Bindal Impex Pvt. Ltd. from the Register of Companies. 2. The Appellant states that the application is filed pursuant to Circular No. 225/423/2017-ITA.II dated 29.12.2017 issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, New Delhi, wherein, the Income Tax Department is directed to file an application for restoration in the cases, where the Companies' names are "struck off" by the ROC and proceedings under th....

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....r section 252(3) of the Companies Act, 2013. While, going through the section 252(3) of the Companies Act, it is found that the instant provision is made when the company is struck of voluntarily on the behest of the Promoter(s)/Director(s), whereas, section 252(1) of the Companies Act, provides that, when the company is struck of by the Registrar of Companies on the failure in filing of statutory returns by the Company. For the sake of brevity, both the provisions are produced here under: 252(1) Any person aggrieved by an order of the Registrar, notifying a company as dissolved under section 248, may file an appeal to the Tribunal within a period of three years from the date of the order of the Registrar and if the Tribunal is of ....

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....n is being treated under section 252(1) of the Companies Act, 2013. 10. Considering the public interest, and to protect the legitimate interest of revenue, the name of the Respondent Company requires to be restored in the Register of Companies maintained by the ROC, Ahmedabad so as to enable the Appellant (Income Tax Department) to proceed further as per rules and in accordance with law. 11. In the light of above stated reasons, the present appeal deserves to be allowed. We are of the considered view that it would be just and equitable to restore the name of the Company M/s. Bindal Impex Pvt. Ltd. in the register maintained by ROC, Ahmedabad, Gujarat as the same is not barred by any law. 12. Therefore, the present appeal is allowed....