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Judgment
Both the sides are present. Counsel for the RoC has filed the report wherein it has been mentioned that the Applicant Company was incorporated on 06.01.2011 and since its incorporation, the annual returns and balance sheets were not filed, due to which the name of the Applicant Company was struck off from the Register of Companies under Section 248(5) of the Companies Act, 2013 on 15-21.07.2017.
Heard both the sides, perused the Application and the record placed on file including the additional documents. Counsel for the Applicant has submitted that as per the Form 26AS for the year 2013-2104, the tax amounting to Rs. 27,332/- was paid and thereafter for 2018-2019 GST has also been paid. The Form GSTR-3B is placed on record. Besides this, the Sales Tax has also been paid during the years 2017 to 2019. In view of the documents placed on record, it is clearly established that the Applicant Company is a going Concern. Therefore, the Application is allowed.
The RoC concerned is directed to restore the name of the Applicant Company to the Register of Companies. The Applicant Company is directed to file all pending annual returns and balance sheets with the RoC within the time period that may be granted by the RoC concerned.
A fine of Rs. 20,000/- is imposed on the Applicant Company, which shall be reimbursed to the Office of the RoC concerned for incurring the expenses for restoration of the name of the Applicant Company to the Register of Companies.
An affidavit shall also be filed before the RoC concerned declaring that during the period of demonetization the accounts of the Company have not been used for deposit of any tainted money. According, the Application stands disposed of.