The Delhi principal bench of the National Company Law Appellate Tribunal (NCLAT)set aside an order which removes the name from the Registrar of Companies(ROC)since the assessee failed to submit a statutory record due to an internal dispute among shareholders and management.
Sirsa Jute Mills Private Limited, the appellant challenged the order dated passed by the National Company Law Tribunal whereby and whereunder appeal filed by the Appellant company through its Shareholder M/s Acme Consultants Private Limited for restoration of the name of the Appellant Company in the register maintained by the Registrar of Companies (RoC), NCT of Delhi and Haryana was dismissed by the Tribunal.
The Appellant company has duly complied with all the regulatory compliances and had filed its Income Tax Returns and TDS Returns under the Income Tax Act, 1961 with the Income Tax department, Government of India. The accounts of the Appellant Company have been audited for the period ended 31.03.2008.
The Appellant Company is maintaining Current Accounts with the Oriental Bank of Commerce & Indian Overseas Bank. The Appellant company could not able to file its further records as there were some internal disputes among the shareholders and management of the company and further the Income Tax Department had also taken illegal action against the company which further defaults the company in filing the statutory records before the ROC.
When the disputes of the company were resolved, the shareholder of the company before the nation lockdown due to Covid19 had tried to check from the MCA-21 website, the status of the company about the filing of the records before the ROC and came to know that the name of the Appellant company had been struck off from the register of the companies showing as “Strike Off”.
The Respondent/Registrar of Companies struck off the name of the companyas per the provision of Section 248(1)(c) of the Companies Act, 2013 read with Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 vide Notice in the form of STK-7 dated 07.06.2017.
Justice Anant Bijay Singh, Member (Judicial) and Mr KanthiNarahari, Member (Technical)observed that the Appellant Company was in some internal disputes among the shareholders and management of the Company. Further, the Income Tax Department had also taken action against the Company which further defaults the Company in filing the statutory records before the Registrar of Companies.
Since the Balance Sheet shows that the Appellant Company is having an immovable property situated at Sirsa, the Tribunal heldthat the order passed by the National Company Law Tribunal, as well as the Registrar of Companies, is not sustainable in law and set aside the same.
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