2021 (7) TMI 1008
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....he 'Company') inter-alia, seeking direction to the Registrar of Companies, Hyderabad (the 'RoC') to restore the name of the Company in the Register of Companies maintained by the Registrar of Companies. 2. The averments made in the Company Application are briefly described hereunder:- a. The Company M/s. Coresoft Design Mart Private Limited is a Private Limited Company incorporated under the Companies Act, 1956 on 14.05.2011 with CIN: U74990TG2011PTC074496, having its Registered Office at H. No. 16-11-741/J/5, Flat No. 202, Vaishnavi Nest, Beside TMC, Above Reliance Fresh, Dilsukhnagar, Hyderabad, Telangana - 500060 IN. b. The main objects of the Company are to provide end to end solutions to concept des....
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....al Statements for the year ended 31.03.2012 to 31.03.2019 clearly show that the Company is carrying on the business and conducting operations, but it has failed to file the Annual Returns and Financial Statements within the time prescribed under Section 92 and under Section 137 read with Section 403 of the Companies Act, 2013. f. The Applicant stated that the Company is carrying on its business and the Total Assets and Revenue from Operations as on 31.03.2019 are as follows: i. Total Assets -Rs. 878000/- ii. Revenue from Operations - Rs. -Nil- g. The Applicant stated that the Company undertakes to rectify the error and also undertakes not to repeat the mistake made due to oversight and unintentional and i....
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....Statements and Annual Returns for more than 2 Years and, hence the company was 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 05.05.2017 was issued and the same was published in the Government of India Gazette and publication in newspaper was made informing all the stakeholders about the list of companies struck off published in the website. Finally, the company was struck off and STK-7 notice dated 21.07.2017 was also published in the Gazette. ii. The Respondent stated that the Applicant has not filed any Balance Sheet or Annual Returns with the Respondent since its incorporation. However, copies of the Audited Balance Sheet as....
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.... company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored to the register of companies, order the name of the company to be restored to the register of companies, and the Tribunal may, by the order, give such other directions and make such provisions as deemed just for placing the company 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." 5. We have heard the Counsel for Applicant, who contended that, the Company is doing its business as a going concern basis. The Counsel for Applicant further stated that the Company would file necessary Fina....
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....ny so as to defreeze its accounts. 2) The Company is directed to submit the information to ROC as regarded to what purpose will be served by restoration of the company since the P&L Accounts of the company as at 31.03.2016 to 31.03.2019 shows 'Revenue from Operations' is zero and also submit the supporting documents/justification having done the business. 3) The Company is hereby directed to file all the pending Income Tax Returns forthwith and proof of the same shall be submitted alongwith this order to ROC for restoration of the name of the company. 4) ROC is directed to satisfy himself about satisfactory compliance of the observations made in their report before restoring the name of the Company in the ....


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