Tribunals and CommissionsDivision Bench(2021) 03 NCLT CK 0006

Income Tax Office Ward 17(2) vs Registrar Of Companies And Ors.

National Company Law Appellate Tribunal · Decided on 2 March 2021

HON’BLE JUDGES
Dr. P.S.N. Prasad, J · Dr. V.K. Subburaj, Member (Technical)
RESULT
Disposed Of
CASE NUMBER
Appeal No. 841/252/ND Of 2019

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Judgment

23 paragraphs · 278 words

Authorised Capital,"Rs.1,00,000/-

Issued, subscribed, and paid-up capital","Rs.1,00,000/ -

Share application money,"Rs.38,45,000/-

Reserves and surplus Securities Premium

Account",Rs. 0/-

General Reserves,Rs.0/-

Profit and loss account,"Rs.1,97,094/-

Unsecured loan from others,Rs.0/-

Current Investments

Govt. and other securities unquoted

Govt. and other securities quoted","Rs.0/-

Rs. NIL

section 248 of the Companies Act, 2013, the company does not stand dissolved for the purpose of discharge of obligations of the company including",

obligation to file return and get assessment. It is therefore; necessary for framing the assessment order, for recovering the taxes due and for any",

further consequential proceedings that the Respondent 2's name be restored to the register maintained by the ROC.,

14.

In view of the grounds raised by the Appellant which remain unrebutted, their prayer merits consideration. The appeal is therefore allowed. The",

RoC is therefore directed to restore the name of Respondent no. 2 Company in its register and also proceed to take such other and further penal,

action against the respondents in accordance with me statutory provisions.,

15.

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 averments made in the petition and have in no way endorsed or adjudicated about the Applicant's entitlement to,

recover any amount as tax etc. 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 ROC shall be borne by the applicant. Petition is disposed of in terms of,

the above. Compliance be made with the ROC within 30 days.,