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Judgment
This petition has been filed by Income Tax Authority invoking the provisions of Section 252 of the Companies Act, 2013 for restoration of the name
of the Respondent No. 2 company, viz M/S. AVA Merchandising Pvt Ltd, in the Register of Companies maintained by the RoC, respondent no. 1.
Service was duly effected on the respondents. Other than the RoC, none appeared on behalf of the other respondent to oppose the prayer made by
the petitioner. While respondent no. 2 to 4 were proceeded ex-parte, respondent no.1, the RoC submitted that they have no objections to the prayer of
the applicant being granted by this bench.
Vide Proceedings initiated by the Ministry of Corporate Affairs, through the office of the RoC several names of companies were struck off for
want of Statutory filings. Respondent no.2 company, which had also not filed any Returns or Financial Statements was duly struck off from the
Register of Companies.
Invoking the provision of section 252 of the Act, the Income Tax Dept. prays for its restoration in order to carry out proceedings initiated against
them. As per averments, on the basis of the AIR information it has been observed that the respondent company has entered into transactions in cash
aggregating Rs. 2,00,000/ or more, with a banking company and cash transaction exceeding Rs.10,00,000/- in a month. All these transactions could not
be traced as the respondent company has not filed its ITR for the Assessment Year 2011-12.
Ld. Standing Counsel for the IT dept. submits that it appears that there is tax evasion which has escaped assessment within the meaning of Section
147 & 148 of the Income Tax Act. Action in accordance with law is required to be initiated against the company. It is submitted that assessment of
income of the Respondent Company for the Annual Year 2011-12 has been reopened. Notice dated 30.03.2018 u/ s 148 of the Income Tax Act, 1961
was issued to the respondent at its registered address/ email id as well as vide affixation to which there has been no response.
Ld. Counsel for the Income Tax Submits that the aforesaid facts necessitate restoration of the name of the Respondent Company in the Register of
Companies to proceed further in accordance with law. In view of the grounds raised by the applicant which remain unrebutted, their prayer merits
consideration.
We however make it clear that this Bench has only directed restoration of the name of the appellant company in the Register of Companies
maintained by the Roc on the basis of averment made in the petition and in no way endorse/ have adjudicated about their entitlement to recover which
shall be adjudicated by the department subject to the laws of limitation governing such recoveries. Charges involved in seeking restoration of the
company's name with the office of the Roe shall be borne by the applicant. Petition is disposed off in terms of the above. Compliance be made with
the Roe within 30 days.
The petition is therefore allowed. The Roe is therefore directed to restore the name of the Respondent Company in their Register and also proceed
to take such other and further penal action against the respondents in accordance with the statutory provisions.