Income tax Officer, Ward 17(4) vs Registrar Of Companies And Ors.

This appeal 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. Nam Education Institute Pvt Ltd, in the Register of Companies maintained by the Registrar of Companies

(""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 Appellant. 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 Appellant being granted by this Tribunal.

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 received by the dept, the assessee has deposited cash of Rs 399,000/- during

Assessment Year 2011-12 for which the assessee had not filed its Income Tax Return for Assessment year 2011-12. The Appellant has also obtained

the form FTE dated 01.09.2015 filed by the assessee company pursuant to the guidelines for fast track exit under the provisions of Section 560 of the

erstwhile Companies Act, 1756. On a perusal of the said form, it is clear that no disclosure has been made therein vis-a-vis the assessee's business of

providing accommodation entries.

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 and 148 of the Income Tax Act. Action in accordance with law is required to be initiated against the company. Notice dated 23.03.2018 under

Section 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 Appellant which remain unrebutted, their prayer merits

consideration.

The appeal is therefore allowed. The RoC 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.