Income Tax Officer Ward 10(3) vs Registrar Of Companies And Ors

L.N. Gupta, Member (T)

The present Appeal is preferred by the Income Tax Officer, Ward 10(3), against the striking off of the name of M/s. Green Line Automotives Pvt. Ltd. ("the Company"), from the Register of Companies.

It is stated by the Appellant that the Company is a Private Limited Company incorporated under the erstwhile Companies Act, 1956, on 07.09.2007 with CIN No. U34200DL2007PTC167869. The Authorised Share Capital of the Company is Rs. 1,00,000 and the Paid-up Capital of the company is Rs. 1,00,000. The registered Office of the Company is at 199, Dayanand Vihar, Vikas Marg Extension, East Delhi-110092. Therefore, the jurisdiction lies with this Bench of the Tribunal.

The Appellant in its petition has averred the following :

"6. That information was received from Dy. Director of Income Tax (Inv) Unit III, Gurugram Haryana wherein it was informed that a search and seizure operation had been conducted on Skylark Group of cases and that the assessee had received accommodation entries amounting to Rs. 32,50,000/- from M/s. KRAC Securities Pvt. Ltd. and Secular Automation (India) Pvt. Ltd. belonging to Mr. Anirudh Joshi who has admitted to being an accommodation entry provider. From this information it is seen that during the year under consideration, the assessee had undertaken financial transactions. Further, the above mentioned information suggests that the assessee was having taxable income amounting to atleast 32,50,000/- being the accommodation entries received during the year under consideration."

It is further submitted by the Appellant that the Company had not filed its Income Tax Return for the Assessment Year 2011-12. It is stated by the Appellant that the Respondent Company has violated Section 139 of the I.T. Act by not filing its I.T. return for the Assessment Year 2011-12.

It is stated by the Appellant that it had issued a Notice dated 27.03.2018 to the Respondent Company. It is further submitted by the Appellant that the said notice remained un-served.

The Appellant has submitted that on perusal of the Master Data available on the MCA website, they had come to know that the name of the said Respondent Company i.e., M/s. Green Line Automotives Pvt. Ltd. has been "struck off by ROC.

It is stated by the Appellant that an amount of Rs. 32,50,000 is required to be assessed in the hands of the Respondent Company under the I.T. Act. It is contended that in order to undertake the Assessment Proceedings, the name of the Respondent Company needs to be restored in the Register of RoC.

The Appellant contends that in order to have a valid assessment order for recovery of the taxes from the Respondent Company and for any further consequential proceedings against the Company under the I.T. Act, there is a need of restoration of the Company, namely, M/s. Green Line Automotives Pvt. Ltd. in the Register of Companies.

The Appellant has affected service of notice to the Respondent No. 2 to 4 vide Speed Post/Email. As none appeared on behalf of the Respondent No. 2 to 4, they were proceeded ex-parte vide Order dated 17.02.2020 passed by this Bench.

That the Respondent No. 1 i.e., RoC submitted during the final hearing that they do not have any objection if the name of the Respondent Company is restored in the Register of RoC.

The Income Tax Department is an aggrieved party within the meaning of Section 252(1) read with 252(3) as it has to recover taxes and duties payable by Respondent Company and great prejudice will be caused to its revenues, if the name of the Company is not restored back. Accordingly, in sequel to the above, it being just and equitable to allow restoration of the name of the company, the Appeal is allowed. The Registrar of Companies, is directed to restore the name of M/s. Green Line Automotives Pvt. Ltd. in its Register, as if the name of the Company had not been struck off in accordance with Section 248(1) of the Companies Act, 2013. ROC is also directed to take any other penal action against the Respondents for default if any, in accordance with the Statutory provisions.

The appeal is disposed off accordingly.

Let the copy of Order be supplied to parties.