M/s Basanti Tradecom Private Limited vs Registrar of Companies, West Bengal

Rohit Kapoor, Member (Judicial)

This is an appeal preferred by Income Tax Officer, Ward 13(1), Kolkata under Section 252(1) of the Companies Act, 2013 for restoration of the name of the company M/s Basanti Tradecom Private Limited in the register of Registrar of Companies, West Bengal. The aforesaid company was struck off on 25.10.2019.

Ld. Counsel for the Appellant appears. No one from the Office of the ROC, West Bengal appears.

Court notice was issued to the Respondent and to the Company. Affidavit of service proving service of notice is filed. We are satisfied with proper delivery of notice. However, there is no representation by any of the directors of the Struck Off company.

The Appellant contends that the name of the Respondent Company had been struck off by the ROC, West Bengal, in compliance of the provisions under section 248(1) of the Companies Act, 2013 thereby the name of the Respondent Company had been removed from the Register of companies and the said company was dissolved.

The Appellant further contends that the proceedings under section(s) 147 and 156 of the Income Tax Act, 1961 are pending for the Assessment year(s) 2012-2013 against the Company and during the pendency of proceedings, the name of the Respondent Company had been struck off. Aggrieved by the order of striking of the name of the Company, this application was filed by the Income Tax Officer praying for restoration of the Respondent Company to the Register of Registrar of companies and further to rectify the Master Data by modifying the status from ‘struck off’ to ‘active’.

Notice was issued to the Respondent, ROC, West Bengal has filed his report submitting that it has no objection to the application being allowed.

Upon hearing the arguments advanced on the side of the Appellant and the ROC, West Bengal we are satisfied that the name of the Respondent Company is required to be restored to the Register of Companies since proceedings under section(s) 147 and 156 of the Income Tax Act, 1961 for the Assessment Year(s) 2012-2013 are pending. In these circumstances, if name of the company is not restored it would cause great prejudice to the Appellant and loss of Revenue to the exchequer.

In the result, the appeal is allowed by restoring the name of the Company in the Company in the Register of Registrar of Companies, West Bengal with a direction to modify the status of the Company form ‘struck off’ to ‘active’ within 30 days from the date of receipt of this order.

Appeal No. 131/KB/2022 is allowed and disposed of.

There shall be no order as to costs.

Certified copy of the Order will be provided to the Appellant forthwith. Certified copy of this order, if applied for, be supplied to the Parties upon compliance of all requisite formalities.