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Judgment
This petition 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 Giriraj Global Limited, in the Register of Companies maintained by the RoC, Respondent no. l.
Vide notification by the Ministry of Corporate Affairs, Respondent No. 2 company was duly struck off from the Register of Companies vide
Certificate dated 16.07.2016 upon application by respondent company in Form FTE dated 02.01.2016.
Invoking the provision of Section 252 of the Act, the Income Tax Dept. prays for its restoration in order to carry out the assessment proceedings
initiated against them. As per averments, no return for the income has been filed by the company for the Assessment Year 2011-12 and no response
was received from the company despite various letters being issued regarding non-filing of income tax. On the basis of the AIR information received
by the dept, the respondent company had received contractual receipts on which TDS was deposited. As no returns were filed, a sum of Rs.
50,50,716/- is deemed to be escaped income within the meaning of Section 147 of the Income Tax Act, 1961 for the Assessment Year 2011-12.
The grievance of the Income Tax Dept is that the name of the respondent company had been struck off by the RoC seriously affecting the
assessment and recovery proceedings. It is submitted that ""Strike Off status of the company will affect the validity of the assessment order and
penalty proceedings.
Ld. Standing Counsel for the IT dept. submits that there are recovery & penalty proceedings pending U/S 148 of Income Tax Act. Action in
accordance with law is required to be initiated against the company. Notice dated 28.03.2018 U/S 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. An assessment order dated 14.12.2018
has been passed U/S 144/147 of the Income Tax Act for the recovery of the tax and penalty proceedings have been initiated.
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 applicant, being an aggrieved person, the prayer can be
entertained u/s 252(3) of the Companies Act, 2013.
Service was duly effected on the respondent company as well as the fresh addresses provided by the RoC. Other than the RoC, none appeared on
behalf of the other respondent to oppose the prayer made by the petitioner. While respondent no. 3, 4 and 5 were proceeded ex-parte, respondent
no.1, the RoC submitted that they have no objections to the prayer of the applicant being granted by this bench.
In view of the facts deposed before this Bench which have not been contested the prayer for restoration of the name of the company Tracks Squad
Pvt. Ltd. Is allowed.
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 averment made in the petition and in no way endorse or have adjudicated about their entitlement to recover
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 Petitioner. Petition is disposed off in terms of the above. Compliance be made with
the RoC within 30 days.
The petition stands 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.