2023 (2) TMI 380

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.... been filed by the Appellant being aggrieved and dissatisfied by the order dated 09.03.2021 passed by the National Company Law Tribunal (Mumbai Bench, Court-II) in CP No. 1055/252(1)/MB/C-II/2020 whereby and whereunder Company Petition filed by the Appellant for restoration of the name of the Company in the Register maintained by the Registrar of Companies (RoC), Mumbai was dismissed by the Tribunal. By which the Tribunal passed the following reasons: "All the above factual details substantiate the criteria that the company is not carrying on any business or operation as defined under Section 248 of the Companies Act 2013, therefore, the action taken by Registrar of Companies, Maharashtra, Mumbai is justified, and the Bench did not find a....

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.... and the company is in the process of achieving its revenue from operations and also has projects in hand for which Service Agreement and work order have been executed which showed the prospects of the Company. ii) The Company was struck off by the Respondent for non-filing of Balance Sheets and Annual Returns for the Financial Years 2015-16 and 2016-17. The company inadvertently could not file the Balance Sheets and the Annual Returns for the 2 Financial Years as a result of which the Company was struck off by the Respondent. However, the Company had filed its returns with the Income Tax Department for the Financial Years 2016-17, 2017-18 and 2018-19 respective. The said documents were placed before the Tribunal wherein it was brought to....

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.... the Company is in operations. Further, the Company had also filed its audited accounts and Income Tax Returns with the Income Tax Department for the Financial Years 2016-17, 2017-18 and 2018-19 to show that it is actively involved in the business and operations. 5. It is further submitted that the delay in filing the Balance Sheet and Annual Returns of the Company for the Financial Year 2016-17 to 2018-19 was unintentional due to lack of knowledge of the Compliance of the Company. The annual Returns and Financial Statements could not be filed due to inadvertence and was not done on time. The Appellant Company is active and is maintaining all the documents as per the provisions of the Companies Act, 1956/2013. 6. On the other hand, the Re....

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....val of Name) Rules, the name of the company was published on the web site maintained by the Ministry vide STK 5. It may be appreciated that the said notice is issued as public notice to not only the company and the directors of the company but also to all stakeholders concerned so as to invite/receive their objections to the said intention of the Registrar to remove the name of the company. Therefore, in absence of any statutory filing from the Company and its Directors for more than 3 years, the proposed strike of action taken by the Registrar struck off the name of the company on 11.09.2018 and the dissolution order was published on the website of the Ministry vide STK 7. In view of the above, the Appellant not having any valid submissio....