TaxTMI 
TaxTMI 
2022 (6) TMI 993
X X X X Extracts X X X X
X X X X Extracts X X X X
....ational Company Law Tribunal Amendment Rules, 2017 to restore the name of the company in the Register of Companies with Registrar of Companies, Guwahati and to allow filing of the Annual Return and Balance Sheet for the Financial Years from 2016-17 to 2020-21 in relevant Forms and to give such ancillary or consequential directions as the Tribunal deems fit and proper. b. Direction be given to the Registrar of Companies to restore the name of the Petitioner Company on the Register of Companies maintained by the Registrar of Companies as if its name had not been struck off from the rolls of the Register and to modify the Company status in the master data of the Company from "STRIKE OFF" to "ACTIVE". c. Allow filing of the Annual Return and Balance Sheet for the pending Financial Years in relevant Forms and to give such ancillary or consequential directions as the Tribunal deems fit and proper. d. Such other orders or order be passed as the Hon'ble Bench deems fit and proper and that the Registrar of Companies, Guwahati be directed to register the above Annual Filling documents and to take the same on their record. e. The rights of shareholders to receive their contributio....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the mater date of the Company has been annexed herewith. 4.8. Under Section 248(1) of the Companies Act, 2013 before striking off the name of the any company from the register of the Register of Companies, Guwahati, a Notice in Form STK 1 shall be sent to the Company and all its Directors of his intention to remove them name of the Company and the Register of the Companies, shall seek representations, if any, from the company within a period of thirty days from the date of notice. But no such notice was received by the Company and your petitioner/ shareholder was not aware about the defunct status of the Company. 4.9. The Registrar of Companies, Guwahati, has issued a public notice no. ROC/GHY/248(1)/2021/STK5/788 dated 28.12.2021 in Form STK-5 by the which the name of the Company is being struck off on 28.12.2021 for non-filing of the balance sheet and Annual Return for more than two years and other reasons as stated in the abovementioned notice. 4.10. The Company is an active Company since incorporation and has also been maintaining all the requisite documentation as per the provisions of the Companies Act, 1956/2013. That the person in-charge of looking after the compliance a....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... respondent. 4.14. The Company is also regular in filing its Income Tax Returns with the Income Tax Department from time to time. The copy of the acknowledgment of latest Income Tax Return filed for A.Y. 2015-16 to 2019-20 are collectively enclosed. 4.15. The Company is not a shell company. 4.16. The Company has an active Bank Account in ICICI Bank, where Transaction are taking place on regular routine basis, which proves that the Company is functional and regular in its operations. The Copy of the Bank statement of the Company since 2017 till March 2022 has been annexed. 4.17. Without restoring the name of the company in the register of Registrar of Companies, Guwahati, the Company is losing the legal status/ entity of the company to run the deal to day to day operations/ business activities. 4.18. The delay in filing the Balance sheets and Annual Returns were unintentional. As per the Companies Act, if there is any delay in filing of the Balance Sheets and Annual returns certain formalities has to be complied with the Company shall comply with the formalities as required under the act for delay in filing the Balance Sheets and Annual Returns once the name of the Company is r....
X X X X Extracts X X X X
X X X X Extracts X X X X
....se of the power conferred upon the Registrar of Companies under Section 248 of the Companies Act, 2013, the Registrar can strike off the name of the Company from his register after complying with certain formalities as provided by the said section when he has reasonable cause to believe that the company is not carrying on business or in operation. 4.3 The Competent authority has struck off the name of the petitioner company under Section 248 of the Companies Act, 2013 since he had reasonable cause to believe that the M/S Mangang Constructions Private Limited was not carrying on business or operation for a period of two immediately preceding financial years and have not mad any application within such period for obtaining the status of Dormant Company under Section 455. 4.4 It is evident from the records that the Company has not filed its Balance Sheet for 5 (Five) Financial Years (From 2016-17 to 2020-21) with the office of the respondent. As per Section 252 of the Companies Act, 2013, a struck off company can be restored only on the direction of the Hon'ble NCLT within a period of three (3) years from the date of the order of the Registrar dated 08.02.2022. In this regard, it is....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the above, any plea of the petitioner for activation of the DIN of the directors of the Company should not be allowed. 4.8 If this Hon'ble NCLT on being satisfied that the Company was in operation at the time of striking off the name of the Company if at all, directs the respondent to restore the name of the Company, then there may be an operation upon the petitioners to make up to date filing of all statutory documents and to make all legal compliances prescribed under the Companies Act, 2013 immediately after restoration of the name of the Company. 4.9 Presently the status of the Company is 'struck off' and the company can be allowed to be revived under Section 252 of the Companies Act, 2013 on its own merits directing petitioner to file all the pending statutory returns with the additional fees within 30 days from the date of passing of the order failing which the respondent may be directed to strike of the name of the company again without giving any further notice to the petitioner. 4.10 The Hon'ble NCLT may kindly pass such further order or orders be made and/or direction or directions be given as may deemed fit and proper. ORDER 6. As per the record, the petitioner ha....