TaxTMI 
TaxTMI 
2022 (1) TMI 21
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....strike off carried out by the Respondent namely, the Registrar of Companies, Chennai under Section 248 of the Companies Act, 2013. The present Application has been filed by the Applicant seeking thereof to restore the name of the Company in the Register maintained by the Respondent/RoC. 2. The Company viz. M/s. X-Factor (India) Private Limited was incorporated on 03.08.2000, under the provisions of the Companies Act 1956, bearing CIN: U18101TN2000PTC045506 and having its registered office at 107/47, Anna Main Road, MGR Nagar, Chennai - 600078. 3. The main object of the Company, as per the Memorandum of Association, is to carry on the business of 1. To carry on in India or elsewhere the business of design, manufacture, sale and exports o....
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....or non - filing of the returns for the Financial Statement and annual returns with the Respondent/Roc is stated to be that the consultant appointed for all tax and Company law matters has failed to file the returns after 2013-14 and did not bring to the knowledge of Company. Hence the Company was unaware of the default of non-filing. The Learned Counsel for the Applicant Company prayed that it would be just and equitable for this Tribunal to restore the name of the Company to the Registrar of Companies under Section 252(3) of the Companies Act, 2013. 6. We have considered the plea of the Applicant Company and the Respondent/RoC as well. The Applicant is seeking the purpose of restoration of its name in the register of Companies maintained ....
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....s of Companies Act, 2013 as an onus is placed on the Company to strictly comply with the provisions of Companies Act, 2013 without any let, in the instant case the Company has demonstrated mitigating circumstances. 9. Thus, taking into consideration the provisions of Section 252(3) of the Companies Act, 2013 which vests this Tribunal with a discretion where the Company whose name has been struck off and such Company is able to demonstrate that there is a running business as on the date when the name was struck off and also keeping in consideration that it is just to do so can restore the name of the Company in the register and in the interest of all the stakeholders including members of the Company, its employees as well as the revenue and....