AI Structured Summary
Not yet generated for this judgment
Judgment
Details of ITRs
Filed, if any",A.Y.,Date of Filing,"Income/loss
returned",Taxes paid
,2012-13,Not filed,NA,NA
,2013-14,Not filed,NA,NA
,2014-15,Not filed,NA,NA
,2015-16,Not filed,NA,NA
,2016-17,31.03.2018,0,0
,2017-18,"Not filed
Subsequently
filled on
31.03.2018)",NA,NA
Details of pending
proceedings","As per records,
no such
information is
availble",,,
Details of any cash
deposit during post
demonetization
period","As per records,
no such
information is
availble",,,
struck off from the register. The assumption of ROC that the company was not in operation was founded merely on grounds of non-filing of the,,,,
Statutory Returns. The Act itself provides for redressal of these defaults. Merely to disallow restoration on grounds of its failure to file annual returns,,,,
would neither be just nor equitable. As per several decisions of various Courts it should only be in exceptional circumstances that Court should refuse,,,,
restoration where the company has been struck off for its failure to file annual return as that would be excessive or inappropriate penalty for that,,,,
oversight.,,,,
Accordingly, the petition is allowed subject to payment of costs of Rs. 25,000/- to the Prime Minister Relief Fund. The restoration of the petitioner",,,,
company's name in the Register will be subject to their filing all outstanding documents for the defaulting years as required by law and completion of,,,,
all formalities, including payment of any late fee or other charges which are leviable by the respondent for the late filing of statutory returns. The name",,,,
of the petitioner company shall then stand restored in the Register of the Registrar of Companies, as if its name of the company had not been struck",,,,
off in accordance with Section 248(5) of the Companies Act, 2013 with all consequential effects and benefits.",,,,
The direction for freezing the Bank Account(s) of the appellant company, if on this ground, shall consequently be also set aside immediately to",,,,
enable the company carry out its business operation. Compliance of this order for restoration shall be made by the respondent with all its consequential,,,,
effects within one week of compliance by the appellant.,,,,
The petition is disposed off accordingly.,,,,
Let the copy of the order be served to the parties.,,,,