Income Tax Officer, Ward 9(2)(New Delhi) vs Registrar Of Companies

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 Fidele Events And Realty Pvt. Ltd., in the Register of Companies maintained by the RoC, respondent no. 1 .

Service was duly effected on the respondent company and its Directors. Other than the ROC, none appeared on behalf of the other respondents to

oppose the prayer made by the petitioner.

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. It is submitted by the Income Tax that as per NMS portal available in Income Tax Department, it is revealed that during the Financial Year

2010-11 relevant to the A.Y. 2011-12, the Respondent Company has received payments of Rs. 11, 82375/-. on account of contractual work and fee

for professional and technical services on which TDS has been deducted under Section 194C & 194J of I.T. Act, 1961. From NMS, it is also

observed that the Respondent Company has not filed its ITR, Letter was issued specifying the transactions, and however the same remained

unresponsive.

It is further submitted by the applicant that as the Respondent did not file its ITR for the A.Y. 2011-12 and did not disclose fully and truly all

material facts necessary for assessment.

Further the appellant has submitted that they have the reasons to believe that an amount exceeding 11, 82,375/- has escaped assessment within the

meaning of Section 147 of the I.T. Act and has not been brought under tax for A.Y. 2011-12.

The appellant has issued notice dated 29.03.2018 under section 148 of the IT Act for AY 2011-12 to the respondent company for initiating

assessment proceedings to assess the income not disclosed by the company,

In November, 2018 the Income Tax Department came to know that the name of the Respondent company has been ""Struck Off"" by the Registrar

of Companies vide STK- dated 30.06.2018.

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 Code.

The ROC has filed its reply dated 16.01.2019 in which it has been submitted that the ROC has no objection to the grant of prayer of the petitioner.

The petition is allowed. The ROC is 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 which may be applicable.

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 averments made in the petition and have in no way endorsed or adjudicated about the Applicant's entitlement to

recover any tax etc, 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 applicant. Petition is disposed off in terms of the above.

Compliance be made with the ROC within 30 days.