TaxTMI 
TaxTMI 
2019 (9) TMI 1490
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....y the Registrar of Companies, West Bengal. 2. The brief facts for the consideration of the Appeal are as follows : The Company was incorporated as a Private Limited Company on 29-06-2006. The Company was doing business and regularly carrying on business activity since incorporation. Due to lack of knowledge and with no proper Professional guidance, the Company could not file the balance sheet and the Annual Return since the Financial year 31-03-2013. When the Directors of the Company realised their mistake, they immediately proceeded to file the balance sheet and the annual return in the portal of Ministry of Corporate Affairs and the Company's person personally contacted the Respondent and got information that the Company&#....
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....2013, a struck off Company can be restored only on the direction of the NCLT within a period of three(3) years from the date of the order of the Registrar. In this regard, it is submitted that in terms of the said provisions, the NCLT while passing an order for restoration, is to be satisfied that the company is carrying on business or in operation. Further, it is submitted that due to non-filing of statutory returns by the Company, the competent authority drew an opinion that the Company was not carrying on business or in operation. As per provision of section 248(5) of the Companies Act, 2013 after the expiry of the prescribed time period and as no response has been received from the company and the public, a notice (in STK No. 7) date....
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....s Writ Petitions and quashed the operation of the impugned list of disqualification of directors published by ROC, Maharashtra, Mumbai. Aggrieved by the aforesaid order, ROC, Mumbai has filed SLP ( c ) No. 18693 to 18703/2018 before the Hon'ble Supreme Court. In the aforesaid SLP, the Hon'ble Supreme Court vide order dated 06-08-2018 stayed the operation of the order passed by the Hon'ble High Court at Bombay. In view of the above, any plea of the petitioner for activation of the DIN of the directors of the company should not be allowed. Upon the said contentions, the ROC, West Bengal prays for passing orders deemed fit and proper. 4. Heard the Ld. PCS for the Appellant and the Deputy Registrar of Companies. 5. This is ....
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....culars mentioned in the Financial Statements so as to consider as to whether the Company is a going concern, which is given below : F.Y Ending Asset Liability Total revenue Profit & Loss 31-03- 2013 Rs. 2,78,46,347=01 Rs. 2,78,46,347 = 01 Rs. 1, 70,71,468=00 Rs. 5,17,708=46 31-03- 2014 Rs. 2,40,26,966=08 Rs. 2,40,26,966=08 Rs. 1,96,22,126=00 Rs. 5,72,378=98 31-03- 2015 Rs. 1,80,11,754=05 Rs. 1,80,11,754=05 Rs. 60,44,104=00 Rs.l,89,597 = 58 31-03- 2016 Rs. 1,71,34,858 = 54 Rs. 1,71,34,858=54 Rs. 21,82,600 = 00 Rs. 23,862 = 00 31-03- 2017 Rs. 1,61,74,453=50 Rs. 1,61,74,453=50 Rs. 16,70,426=00 Rs.(11,097 = 33) 31-03- 2018 Rs. 1,46,66,331=95 Rs. 1....
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....urn Acknowledgement produced on the side of the Appellant shows that the Appellant has submitted IT Return for the Assessment year 2013-14, 2014-15, 2015-16, 2016-17 and 2017-18. 10. According to the Ld. PCS for the Appellant, the Appellant Company is carrying on its business as Architect, Interior Designer and is in operation. The business of the Company seems to have been carried on and accordingly, the Appeal is liable to be allowed, however, with a cost for non complying the statutory provisions without any reasonable excuse. The Appellant Company failed to file the balance sheets and Annual Returns since the financial year 31- 03-2013. The contention that due to lack of knowledge and with no proper Professional guidance, the Company....