TaxTMI 
TaxTMI 
2021 (1) TMI 226
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.... the DIN Numbers of Mr. Bijosh Paul (DIN: 06414054) and Mrs. Neena Chandy (DIN: 06414061) who are the Directors of M/s Stepson Web Consultancy Services Private Limited, for the purpose of filing all the defaulted Annual Returns and Financial Statements of the Appellant Company before the RoC. 2. CA/46/KOB/2020 filed under Section 252(3) of the Companies Act, 2013 for restoration of the above company was disposed of by this Bench on 29.09.2020 with the following directions: i. The Registrar of Companies, the respondent herein, is ordered to restore the original status of the Appellant Company as if the name of the company has not been struck off from the Register of Companies and take all consequential actions like change of company's sta....
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....ar of Companies, Kochi is directed to, on his office name and seal, publish the order in the official gazette. viii. Further, this order allowing the appeal shall also not circumscribe the power of the respondent to proceed against the appellant Company and its Directors as mandated for the alleged late filing of any forms, documents, returns and such other compliances under the provisions of the Companies Act, 2013. 3. The Applicant submitted that as directed by this Tribunal, the Company filed a declaration with respect to deposits made during the demonetization period with the ROC. The Applicant also complied with the directions in respect of payment of costs of Rs. 50,000/- (Rupees Fifty Thousand Only) to the Government Accounts. 4.....
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....n Region). Noida or any officer authorized by the Regional Director, upon being satisfied on verification of particulars of proof attached with the application received from any person seeking cancellation or deactivation of DIN, in case - (a) the DIN is found to be duplicate (b) the DIN was obtained by wrongful manner or fraudulent means; (c) of the death of the concerned individual; (d) the concerned individual has been declared as lunatic by the competent Court; (e) if the concerned individual has been adjudicated an insolvent; then the allotted DIN shall be cancelled or deactivated by the Central Government or Regional Director (NR), Noida or any other officer authorised by the Regional Director (NR): Provided that ....
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....document with any authority, the Central Government may deactivate such DIN: Provided that before deactivation of any DIN in such case, the Central Government shall verify e-records. Explanation. - For the purposes of clause (b) - 1) the term "wrongful manner" means if the DIN is obtained on the strength of documents which are not legally valid or incomplete documents are furnished or on suppression of material information or on the basis of wrong certification or by making misleading or false information or by misrepresentation; (ii) the term "fraudulent means" means if the DIN is obtained with an intent to deceive any other person or any authority including the Central Government. (2) The Central Government or Regional Dire....
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....e defaulted Annual Returns and Financial Statements by the Registrar of Companies, Kerala. Hence, the applicant approached this Tribunal with the aforesaid M.A for a direction to the Respondent -Registrar of Companies, Kerala to activate the DIN: 06414054 of Mr. Bijosh Paul and DIN: 06414061 of Mrs. Neena Chandy for the purpose of filing all the defaulted Annual Returns and Financial Statements of the Company. 8. Notice was issued on 17.11.2020 to the RoC for its reply. Since no reply received, on 02.12.2020 again a reminder notice was issued to RoC to file report making it clear that, if no reply received orders will be passed accordin to the procedure of law. FINDINGS: - 9. Heard the learned PCS appearing for the applicant and had gone....