TaxTMI 
TaxTMI 
2021 (1) TMI 722
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....icant who is a Shareholder cum Director of the Company i.e., M/s. Bricmor Infrastructure Limited, inter-alia seeking the following reliefs: a) Direct the Respondent to restore the name of the Company in register of Companies under Section 252(3) of the Companies Act, 2013. b) Direct the Respondent to place the company, directors and all other persons in the same position as nearly as may be as if the name of the company had not been struck off from the register of companies. c) Direct Respondent to reactivate the DIN's of the Directors of the Company. d) Direct the Applicant to deliver a copy of the order of this Hon'ble National Company Law Tribunal within thirty days from the date of receipt of ....
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....ovisions of law, but failed to file its Financial Statements and Annual Returns only for the Financial Year 2018-19 within the time prescribed under section 92 and section 197 of Companies Act, 2013, which is purely due to oversight and unintentional. d. That due to defaults in statutory compliances namely failure to file the Financial Statements & the Annual Returns only for the period of 2018-2019, The Respondent i.e., (RoC, Hyd) has therefore initiated action under Section 248 of the Companies Act, 2013 (hereinafter referred to as 'the Act') for striking off the name of the Applicant's Company from the Register of Companies and consequently the name of the Applicant's Company was struck off from the Register of C....
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....ations of the company for the financial year ended stands at Rs. 23,929/-, g. The Applicant has filed copies of Income Tax Returns acknowledgement for the Assessment years 2018-19 and 2019-2020. A copy of Bank Statement vide A/c. No: 912020061365270 Axis Bank, Tolichowki Branch, Hyderabad) from 01.04.2018 to 31.03.2019 and a copy of another Bank Statement vide A/c. No: 510101007035450 Corporation Bank, Gachibowli Branch, Hyderabad are also enclosed. h. The Applicant undertook to ensure to file all the pending documents/statutory returns in respect of the Applicant's Company along with fee and additional fee as prescribed under the provisions of the Companies Act, 2013 once the name of the Company is restored in the Reg....
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.....2020 vide no. ROCH/LEGAL/SEC252/050350/BIL/JTA(S)/2020/445 wherein the details of the Company such as date of incorporation, address of the registered office etc., and also the details of the Shareholding Pattern, Capital Structure and history of compliance has been furnished. While submitting the above facts the RoC has raised the following objections in its Report and prayed to dispose the instant application on merits: Para 9(2): The Company had defaulted in filing the financial statements and annual returns for more than 2 years and hence identified for strike off u/s 248(1). Accordingly notice under section 248(1) was issued to the company and its directors. Further STK-5 notice dated 19-08-2019 was issued and same was publis....
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....ies of Assets and Liabilities, Revenue figures, profit/loss figures for various years based on the Audited Financial Statements, from which it appears that the Applicant's Company has been doing business but failed to file Annual Returns and Income Tax Returns due to oversight and unintentional. 2. The provisions of Section 252(3) of the Act stipulate that this Tribunal may direct restoration of a Company's name, if it is just and equitable to do so. In view of the above evidence, refusal to restore will be an excessive penalty for the over-sight on the part of the Applicant's Company. 3. Accordingly, having satisfied with the reasons as mentioned in the Application as also on the perusal of RoC's report dated 25.08.20....