2022 (11) TMI 1284

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....el who has appeared on behalf of Respondent No.1 and Mr. Sushrut Meena, learned proxy counsel for the Respondent No.2 (Income Tax Department). The present appeal under Section 421 of the Companies Act, 2013 has been preferred against the order dated 28th December, 2020 passed by the National Company Law Tribunal, Cuttack (hereinafter referred to as NCLT). By the said order the learned NCLT has rejected the application filed by the appellant which was filed under Section 252(3) of the Companies Act, 2013 for restoration of the company i.e. M/s Supertech Projects and Construction Pvt Ltd, (hereinafter referred to as the Company) having CIN No. U45201CT2011PTC001597. The company was struck off by the Registrar of Companies while exercising ....

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....als, hotels, holiday homes/resorts, shopping cum residential complexes and to develop erect install, alter, improve, add, establish, renovate, recondition, protect, participate, enlarge, repair, demolish, remove, replace, maintain, manage, buy, sell, lease, let on hire, commercialize and to purchase, sale, deal in all types of movable and immovable properties for development, investment or for resale and to act as buyer, seller, importer, exporter, agent, distributor, stockiest, or otherwise to deal in raw materials, goods, fittings, parts, accessories, know how, consumables, plants and machineries, tools and tackles used for the foregoing purpose. Learned counsel for the appellant submits that in terms of the Memorandum of Association b....

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....of the all the Income Tax returns with the Income Tax Authorities. iv) The petitioner will produce the copies of Bank statement. v) The petitioner will produce the relevant documents for carrying out the business and to ensure that the petitioner will not make any default in filing of Statutory Returns in future as required under the Companies Act, 2013. vi) The Hon'ble Tribunal maybe pleased to direct the petitioner to pay cost not less than Rs.25000/- to the Registrar of companies cum Official Liquidator, Chhatisgarh for restoring the name of the company under Section 252(3). vii) Such other order as may be deemed fit and proper by this Hon'ble Tribunal under the circumstances of the case. Proxy coun....

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.... Copy of Bank statement from 31.03.2016 to 16.03.2019. iv) Company Master Data and signatory details. v) Copy of Income Tax Return for 2018-2019 and 2019-20. Besides aforesaid information running page 146 of the Memo of Appeal and some other documents also to some extent exhibits about the operation of the company in question. However, in para 13 of the impugned order the learned NCLT has recorded the submissions of the learned counsel for the appellant regarding non operation of the company. We may not point out any fault in the said para, due to the reasons that if the order is contrary to record or submission made by the party, it was the same Court i.e. NCLT which was required to be approached for its rectification.....