2021 (1) TMI 865
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....e Company) seeking restoration of its name in the Register of Companies (RoC) for the State of Andhra Pradesh. 2. The Company was incorporated on 25.09.2012 vide (CIN: U45200AP2012PTC083272) under the Act in the erstwhile State of Andhra Pradesh. The Registered Office of the Company is situated at D.No. 1-5-599/M-301, Balaji Colony, Tirupati - 517 501, Andhra Pradesh. Appellant/Shareholder of the Company has filed this Application. 3. It is stated by the Appellant that the Authorised Share Capital of the Company is Rs. 5,00,000/- (Rupees Five Lakhs only) divided into 50,000 (Fifty Thousand) equity shares of Rs. 10/- each. The Issued, Subscribed and Paid-up Share capital of the Company is Rs. 5,00,000/- (Rupees Five L....
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.... stated that the Company could not file its Annual Returns and Balance Sheets from the date of incorporation i.e. for financial years from 2012-13 to 2018-19. The Company has filed Income Tax Returns for the above said periods. The failure on part of the Company in filing the Annual Returns and Financial Statements and not responding to the notices of the RoC is purely due to inadvertence and oversight beyond the personal explanation and control. The Appellant further stated that the Company was also in the process of engaging a professional for filing the Annual Returns with the RoC. 7. The Appellant submitted copies of Financial Statements, Annual Returns, Profit and Loss from the date of incorporation i.e. for the financia....
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....tice also published in the Gazette. While submitting the above facts the RoC has stated that their Office has no objection in the Hon'ble Bench considering the present application for restoration of the name of Company back to the Register of Companies u/s 252 of the Companies Act, 2013 read with rule 87(A) of the NCLT Rule 2016 and that the application may be considered on merits and appellant may be directed to file all pending Financial Statements and Annual Returns with imposition of costs. 10. I have heard the Counsel for the Appellant and perused the records. The material available on record indicates that the failure of the Company to furnish the statutory returns with the RoC was not intentional. Apparently the Company ....
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