TaxTMI 
TaxTMI 
2021 (8) TMI 321
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....anies, Odisha vide Notification dated 22.06.2018 has struck off the name of the Company under Section 248(5) of the Companies Act, 2013 and Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 for non-filing of Statutory Returns i.e., Balance Sheets and Annual Returns from the Financial year ended on 31.03.2015, which made them to believe that the Company is not carrying any business or is in operation. Mr. Arun Kumar Pati (DIN-02930367), Director-cum-shareholder of the Company has filed this application under Section 252(3) of the Companies Act, 2013 with a prayer to direct the ROC, Odisha to revoke the impugned Order. 2. As per the averments, the Company is a Private Limited Company, limite....
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.... failure to file Financial Statements and Annual Returns for the period 2014-15 onwards. Consequently, the Registrar of Companies (ROC) initiated proceedings under Section 248 of the Companies Act, 2013 for the purpose of striking off the name of the company of the Register maintained by them. Appellant states that the Respondent had served a Notice to the Company in Form STK-5 and thereafter the Company made attempts to comply with the same but could not arrange for the required funds for filing of returns. Also, that the Company has been operating since incorporation and has also been complying with the requirements relating to preparation of financial statements. Therefore, it cannot be concluded that the Company is not carrying on its b....
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.... in the Official Gazette and Newspaper for the information of the general public regarding Strike Off the name of the said company if Form No STK-5/5A. Finally, after the expiry of the time mentioned in the above notice the Registrar Struck Off the name of aforesaid Company from his Register and published the same in Form No. STK- 7 in the Official Gazette dated 22.07.2017 and on the publication of such Notice in the Official Gazette, the Company stood dissolved on and from 21.06.2017. The undertaking made by the petitioner in its appeal/petition may be considered on its merit on the basis of documentary evidences produced by the petitioner in support of the submission made therein. Further, the petitioner may be put to strict proo....
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....and had spent certain amounts on employee benefits. This prima facie suggests that during the relevant time the Company had people in its employment and was carrying its business activities. 9. In support of his contention the petitioner has filed copy of the Company's PAN Card bearing No. AANCS9167J and copy of Income Tax Acknowledgements for the Assessment year 2013-14 up to 2018-19 which reflect Gross Total Income and corresponding Tax payments on the Income amount. The Company is also having valid renewal of Establishment, ESI and GST Certificates. Company's GST Registration No. is 21AANCS9167J1ZU. 10. The Company is maintaining Bank Account in Bank of Baroda, Rasulgarh with Account No. 68260200000034. Regular credit and d....
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....th prescribed fees/additional fee/fine as decided by ROC within 30-days from the date on which its name is restored on the Register of Companies by the ROC subject to fees/late fees, if any. (iii) The Company's representative, who has filed the Company Appeal on behalf of the Appellant Company, is directed to personally ensure compliance of this order. (iv) The restoration of the Company's name is also subject to the payment of cost of Rs. 50,000/- (Rupees Fifty Thousand only) through online payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as "payment of cost for revival of Company." (v) The appellant is permitted to deliver a certified copy of this Order with ROC, Odisha within ....