2021 (1) TMI 314

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....trar of Companies, NCT of Delhi and Haryana (RoC). 2.  As per the averments, M/s. Urvashi Infrastructure Limited was incorporated on 01.06.1992 as a Public Company Limited by Shares with CIN No. U24119DL1992PLC028863, having its registered office at C-9/35, 2nd Floor, Sector-8, Rohini, Delhi-110085, which falls  within the jurisdiction of this Tribunal. 3.  That as per the Memorandum of Association annexed, the Appellant Company is incorporated with the following main objects : "To carry on the business of manufactures, fabricators, processors, producers, growers, makers, importers, exporters, buyers, sellers, suppliers, stockist, agent, merchant distributors  or dealers of drugs medicines, all types offer....

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.... b)  Copy of Income Tax demand report dated 07.09.2020, and c)  Receipt of Payment made towards the Income Tax Department. 6.  That the RoC has filed its report and submitted the following: "8. That the Respondent most respectfully submits that the action of striking off of the present Company was legal and justified as the company was not carrying on any operations for a period of two immediately preceding financial years (as indicated by non-filing of the financial statements of the Company for two or more years). Moreover, the Company had not obtained the status of a Dormant Company under Section 455 of the Companies Act, 2013. 9. On perusal of petition filed by the petitioner has neither enc....

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....served that the total demand raised by the Income Tax Department for the Assessment Years from 2008-09 to 2017-18 is of Rs. 7,740, which has been paid by the Appellant Company on 12.12.2020 and 14.12.2020 i.e., after the date of striking off its name by RoC. 10.  That the payment of aforesaid demand cannot be considered as a basis to justify the need of restoration of the name of the Appellant Company in the Register of RoC, as by doing so the Appellant Company has only discharged its obligation by paying the aforesaid demand as per mandate of Section 250 of Companies Act, 2013. The Contents of Section 250 Companies Act 2013 are reproduced below: "250. Effect of company notified as dissolved Where a company stands ....

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....panies, if such company, any member or creditor or workman thereof feeling aggrieved by such striking off applies before the Tribunal seeking restoration of the struck off company to the Register of Companies before the expiry of twenty years from the publication in Official Gazette of notice under Section 248(5). The exercise of such power is properly regulated and depends upon satisfaction of the Tribunal  that the Company at the time of its name being struck off was carrying on business -10- Company Appeal (AT) No. 20 of 2019 or in operation or otherwise it is 'just' that the name of company be restored. We do not find ourselves persuaded to agree with the proposition canvassed by learned counsel for the Appellant that inspi....