Income Tax Officer, Ward 12(3) vs Registrar Of Companies And Ors.

This Appeal has been preferred by the Income Tax Officer (""the Appellant""), Ward 12(3) under Section 252(1) read with Section 252(3) of the

Companies Act, 2013 on being aggrieved by the action of the Registrar of Companies (RoC) in striking off the name of M/s. Ingenpeople Network

System Pvt. Ltd. (""the Company"") from the Register of Companies.

It is submitted by the Appellant that ""the Company"" is a Unlisted Private Company Limited by shares incorporated under the erstwhile Companies

Act, 1956 on 05.12.2009 with CIN No. U72300DL2009PTC196669. The Authorised Share capital of the Company is Rs.100,000 and the paid-up

capital of the Company is Rs.100,000. The registered Office of the Company is at 901-ANC, Shankuntla Building, 59, Nehru Place, New Delhi-

110019. Therefore, the jurisdiction lies with this Tribunal.

It is submitted by the Appellant that the Assessee has not filed its Income Tax Return (ITR) for the Assessment Year 2010-11.

It is averred by the Appellant that:

""That the information regarding financial activities by the Assessee Company has been obtained from ITD system through the ""Non-filers

Monitoring System"" wherein it has been mentioned that the Assessee has deposited amount of Rs. 11,74,000/- in to the bank account during

the financial year 2009-10.

It is submitted by the Appellant that it was difficult to ascertain the veracity of the transactions leading to the total deposits of Rs. 11,74,000/- made

by the Assessee Company in its bank account during the Financial year 2009-10, as the Assessee has not filed its ITR for the A.Y. 2010-11. It has

been stated that being a Company, the Assessee is mandatorily required to file return of income under Section 139 of the IT Act. It has been further

mentioned that these receipts were credited in the account of the Assessee during the regular transactions throughout the financial year.

It is further submitted by the Appellant that the Assessee was issued letter/reminder regarding the aforesaid transactions but the same were not

replied. It is added that the Assessee neither filed IT return under Section 139 (1) of the IT Act nor any response to put forward its contention.

It is stated by the Appellant that on perusal of the record and information, the Assessing Officer observed that the since the Assessee has not filed

return of income, the only logical conclusion was, that the income of Rs. 11,74,000 has escaped assessment for the Assessment year 2010-11 within

the meaning of Section 147/148 of the IT Act.

It is further stated by the Appellant that during the course of enquiry, the Appellant came to know that the Company has been struck off from the

Register of Companies by RoC and therefore, is no more an existing entity.

The Appellant contends that since the aforesaid amount of Rs. 11,74,000/- is required to be assessed in the hands of the above Assessee Company

under the IT Act, there is a need of restoration of the Company viz., M/ s Ingenpeople Network System Pvt. Ltd. in the Register of Companies.

The Respondent No.1 i.e., ROC has filed its reply and has not raised any significant objection towards restoration of the name of the Appellant

Company in the Register of RoC.

That the Appellant has filed its Affidavit of Service on 02.08.2019, wherein it is deposed that the Respondent No. 2 and 3 were served through

speed post on 22.06.2019, which is evident from the tracking report annexed.

The Income Tax Department is an aggrieved party within the meaning of section 252(1) read with 252(3) of the Companies Act, 2013 as it has to

recover taxes payable by the Respondent Company and great prejudice will be caused to its revenues, if the name of the Company is not restored

back to the Register of the Companies.

Accordingly, in sequel to the above, we are inclined to allow the Appeal. The Registrar of Companies, is directed to restore the name of the

Company namely, M/s. Ingenpeople Network 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 requisite penal action(s) against the Respondents for default(s), if any, in accordance with the Statutory provisions.

The Appeal is allowed accordingly.

Let the copy of Order be supplied to the Parties.