TaxTMI 
TaxTMI 
2022 (5) TMI 927
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....n the Register of Companies and to pass such further orders as deemed necessary in the circumstances of the case. 2. The averments made in the Company Application dated 21.02.2022 are briefly stated hereunder: a) The Company YSK Infra Projects Limited (Hereinafter to be referred as Applicant Company) was a Partnership Firm registered under the Partnership Act, 1932 converted to Public Limited Company incorporated under the Companies Act, 1956 on 25/08/2008 vide CIN: U4540TG2008PLC060796 having its registered office at #6-3-852/2 & 3, Viswa Central, 6th Floor, Behind VIP Showroom, Near Lal Bunglow, Ameerpet, Hyderabad, Telangana-500016. b) The main objective of the said Applicant Company was to carry on business of Infrastructure Develo....
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....l Statements with the Respondent from 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019, 2019-2020 and 2020-2021 within the time prescribed under Section 92 and 137 of the Act. h) That none of the Creditors/Shareholders or other stakeholders of the said Company will be prejudiced if the name of the Company was restored in the Register of Companies, maintained by the Respondent. i) That it had bank account but the same was not operating and as such no abnormal amount was deposited during the before and after of the demonetization. j) That Financial Statements, Profit and Loss Statements for the Financial years 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019, 2019-2020 and 2020-2021 shows that there are n....
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....ed I.T. Returns from 2013-2020 and filed returns for the year 2021 and undertook to file within 30 days upon the change in the status from strike off to active. q) The Applicant Company had enclosed the following documents giving justification/substantiating that the said Company had been operational which are as under: i. Copy of Certificate of Incorporation. ii. Copy of Memorandum of Association and Copy of Articles of Association of the Company. iii. Copy of Annual Reports for Financial year 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019, 2019-2020 and 2020-2021 iv. Demonetization Affidavit. r) Since the Applicant Company had assets for carrying on business and operations on the date of strike off under Sect....
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....nder strict proof of having done the business along with justification and supporting documents and shall undertake to file all statutory returns. 4. The Applicant Company in its memo dated 25.04.2022 stated that: a) It had not filed I.T. Returns since year 2013-2020, as the system of Income Tax was not opened and further produced balance sheet of financial year 2018-2019, bank statements, Tax Returns for the Financial year 2020-2021. 5. The Respondent in its Final report vide No. ROCH/LEGAL/SEC252/060796/BLOOM/CTR/2022/305 dated 26.04.2022 stated that: a) In response to the observations made by the Respondent in its earlier report dated 08.04.2022, the Applicant Company subsequently served copy of Memo dated 25.04.2022 b) The Appli....
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....ion was filed. Thereafter the pursuant to observations made by the Respondent in its Earlier and Final Report, the said Applicant Company submitted the Audited Financial Statements and Annual Returns for all the defaulting periods to the Respondent, and undertake to file the Respondent had acknowledged the same in its Final report. ORDER 7. After hearing the Learned Counsel for the Applicant Company and after perusal of material document on record, the report of the Respondent and after going through the provisions of Section 252(3) of the Act, 2013, this Tribunal is of the view that the Applicant Company was in existence and it is a going concern and name of the Company is to be restored in the Register of Companies as maintained by the ....