AI Structured Summary
Not yet generated for this judgment
Judgment
This Appeal has been preferred by the Income Tax Officer ward 22(2) New Delhi under Section 252(1) read with section 253(3) of the Companies
Act, 2013 on being aggrieved by the action of the Registrar of Companies (“RoCâ€) in striking off the name of M/s Samridhi Gold & Diamond
Jewellers Pvt. Ltd. (“the Companyâ€) from the Register of Companies.
It is submitted by the Appellant that “the Company†is a Private Limited Company incorporated under the erstwhile Companies Act, 1956 on
28.08.2009 with CIN No. U36100DL2009PTC193679. The Authorised Share capital of the Company is Rs.11,00,00,000 and the paid-up capital of the
Company is Rs.4,98,05,000. The registered Office of the Company is at Building No. 2608, 2613 & 2637, Shop No. 12 to 15, 2nd Floor, Gurudwara
Road, Bank Street, Karol Bagh New Delhi-110005 and therefore, the jurisdiction lies with this Tribunal.
The Appellant in its Appeal has averred that:
“5.4. The respondent company has not filed its return of income for A.Y 2011-12, as per information available on ITD system. As per the
provisions of Section 139 of the I.T. Act, every Company is mandatorily required to file its return of income within the prescribed time in the
prescribed manner. Thus, the Company has violated the provisions of the Income Tax Act by not filing the ITR.
5.5. The Respondent company was issued letter dated 16.01.2018 specifying the transactions and requesting to furnish the details. The
Respondent Company neither filed its return of income nor filed any response in compliance of the letter.â€
It is stated by the Appellant that it had issued a notice dated 30.03.2018 for the Assessment Year 2011-12 to the Company under Section 148 of the
IT Act for assessment, re-assessement, or recomputation of income escaping assessment of tax.
It is stated by the Appellant that during the Assessment Year proceedings for A.Y 2011-12, on perusal of the MCA website, the Appellant came to
know that the Company has been struck off from the Register of Companies by RoC vide Sl. No 18285 of STK-7 Notice No.
ROC/DEL/248(5)/STK-7/4865 dated 08.08.2018.
The Appellant contends that for framing Assessment Order and to enable the IT Department to take appropriate and effective steps for recovery
of Income Tax and for any further consequential proceedings, there is a need for restoration of the Company, viz., M/s Samridhi Gold & Diamond
Jewellers Pvt. Ltd in the Register of Companies.
That the Appellant has filed its Affidavit of Service dated 01.04.2019, wherein it is stated that the service has been effected on the Respondent
company and its Directors through publications in the daily newspapers namely, “The Business Standard†(English) on 29.03.2019 and
“Jansatta†(Hindi) 29.03.2019 respectively Considering the fact that the notice was served upon the Respondents and there was no representation
on their behalf, they were proceeded ex-parte dated 01.05.2019.
The Respondent No.1 i.e., ROC did not file reply despite opportunities. During the course of hearing on 03.02.2021, AROC submitted that ROC
has no objection to the revival of the Respondent Company.
It is observed that 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 Income Tax/duties/cess 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 consider it to be just and equitable to allow restoration of the Company and allow the Appeal. The ROC is
directed to restore the name of the Company namely, M/s Samridhi Gold &Diamond Jewellers Pvt. Ltd in its Register, as if its name had not been
struck off. ROC is also directed to take any other penal action against other Respondents for default, if any, in accordance with the statutory/legal
provisions.
The Appeal is allowed accordingly.
Let the copy of Order be supplied to the parties.