2021 (11) TMI 124

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....o as "the Company") in the Register of Companies maintained by the ROC, Gwalior, Madhya Pradesh. 2. The facts, in brief, are that Company was incorporated on 24.04.2012 vide CIN: U45200MP2012PTC028268, the company has an authorized share capital of Rs. 1,00,000/- divided into 1000 equity shares for Rs. 100/- each. The issued, subscribed, and paid-up share capital of the Company is Rs. 1,00,000/- lakh divided into 1000 shares for Rs. 100/- each. The registered office of the company is at 311, B 3rd Floor, Parikalp Tower Above UCO Bank, Near Old High Court, Jayendraganj, Gwalior, M.P. 474009. Hence, the jurisdiction of the Company falls under the jurisdiction of this Tribunal. 3. The Company was incorporated with an object to carry on t....

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....further submitted that one Special Leave Petition against the company is pending before the Hon'ble Supreme Court of India. Due to the pendency of the litigation the company and its director were entangled and directors could not file the Financial Statement and Annual Returns. Meanwhile, the ROC had started the proceedings under section 248 of the Companies Act, 2013 (hereinafter referred to as "The Act"), and the name of the company was struck off by the ROC on 23.10.2019. 6. The appellant companies submitted that the company is a going concern and has also filed the Income Tax Return for AY 2017-18, 2018-19, and 2019-20. The same is on record. 7. Learned Counsel further states that inadvertently the appellant-Company failed to ....