2021 (8) TMI 104

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....ivate Limited in the register maintained by the Registrar of Companies, NCT of Delhi & Haryana. 2. As per the averments, M/s. R Sons Builders Pvt. Ltd. is a private limited company registered with Registrar of Companies, NCT of Delhi & Haryana on 23.03.1993 having its Regd. office at 33, Basrurkar Market, Moti Bagh, New Delhi 110021, having CIN No. U74899DL1993PTC052728 and authorized capital of Rs. 60,00,000/- and paid-up share capital of Rs. 37,67,000/-. 3. That Directors of the Respondent No. 2-company, being Mr. Vinod Kumar Aggarwal, Ms. Rajni Aggarwal and Ms. Gomti Devi have been arrayed as Respondent No. 3, Respondent No. 4 & respondent No. 5 respectively. 4. From the information available on non-fliers with the NMS/ITD Software, i....

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....139(1) of the Income-tax Act, 1961 were issued to the respondent-company. 6. The income received by the respondent-company is required to be verified and assessed in the hands of the Appellant under the Income-tax Act, 1961 and to undertake assessment proceedings but name of the respondent-company has to be restored in the Register of RoC. Appellant submitted that assessment proceedings against a dead company cannot be sustainable in the eyes of Law. 7. To render the Assessment Order valid in the eyes of Law and to enable the Appellant take effective steps for recovery of taxes and for any further consequential proceedings the respondent-company's name be restored to the Register of Companies as if the name of the Company was never st....

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....are trying to escape the assessment proceedings and the liability that will arise out of the said proceedings. The respondent-company failed to appear before the Court to provide its defence. Hence, the Order was reserved on 22.07.2021. 13. To render assessment order valid in the eyes of Law and to enable the Appellant to take steps for recovery of taxes and for any further consequential proceedings, the respondent-company's name be restored to the Register of Companies as if the name of the company was never struck off. 14. Denial to restore the name of the respondent company in the Register of the ROC will not only condone the wrong doing of the respondent company but it will also encourage of escapement of tax liabilities by such ....