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Judgment
Both the sides are present. Counsel for the RoC has filed the report stating therein that the Applicant Company was incorporated on 17.07.1989 and the balance sheets were filed till 2011. Annual Returns were filed till 2014. Thereafter for non-filing of the same, the name of the Applicant Company was struck off from the Register of Companies under Section 248(5) of the Companies Act, 2013 on 30th June-6th July 2018.
Perused the Application and the report filed and heard both the sides. It appears that the Applicant Company has been carrying on the commercial activities and filed the Income Tax return for the Assessment Year 2018-2019 and paid the tax amounting to Rs. 4,94,442/- showing refund amount as Rs. 3,000/-. The Representative for the Applicant has also referred to Form GSTR-3B in order to demonstrate that the Applicant Company has paid the GST, which is evidencing that the Applicant Company is a going Concern. Therefore, the Application is allowed.
The RoC concerned is directed to restore the name of the Applicant Company to the Register of Companies. The Applicant Company is directed to file all pending annual returns and balance sheets with the RoC, as prescribed.
A fine of Rs. 10,000/- is imposed on the Applicant Company, which shall be reimbursed to the office of the RoC for incurring the expenses for restoration of name of the Applicant Company to the Register of Companies.
The Applicant Company is directed to file an affidavit with the RoC declaring that the accounts of the Applicant Company have not been used for deposit of any tainted money during the period of demonetization. Accordingly, the Application stands disposed of.