1. This appeal is filed by Income Tax Department, through its Income Tax Officer, Ward No. 16(3) CR. Building, I.P. Estate, New Delhi, under
Section 252(1) of the Companies Act, 2013 (for brevity ‘the Act’) against the order of striking off the name of the company M/S GPS
Telecommunication Private Limited (for brevity ‘the Company’) passed by the respondent under section 248 (1) of the Act read with Rule 7 of
Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 published on 30.06.2017 vide notification no. ROC-
DEL/248(5)/STK-7/2879 by Registrar of Companies, the respondent herein.
2. The company is incorporated as a Private Limited Company under the provision of Companies Act, 1956 with the Registrar of Companies, NCT of
Delhi and Haryana on 07.12.2007 having CIN U74300DL2007PTC171191.
3. The company is having registered office at RZ-44A, Palam Vihar, Sector 6, New Delhi-110045.
4. Authorized share capital of the Company is Rs.2,00,000/-divided into 20,000 equity shares of Rs.10/- each and issued, subscribed and paid up share
capital of the Company is Rs.1,80,000/- divided into 18,000 equity shares of Rs.10/- each.
5. As per the notice of non- compliance of provisions of the Companies Act, 2013 in respect to filing of annual returns and financial statements since
incorporation in the year 2009, the name of the company was struck off in terms of provision of Section 248(1) of the Companies Act, 2013 read with
Rule 7 and Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.
6. The appellant has submitted that service was duly effected on the respondents. Other than the Registrar of companies, none appeared on behalf of
the company or ex-directors or other respondents. While Respondent No. 2 to 6 were proceeded ex-parte, Respondent No.1, Registrar of companies
submits that they have no objections to the prayer of the applicant being granted by this bench.
7. The Appellant prays for the restoration of Respondent No. 2 company in order to take forward proceedings initiated against the company. As per
averments by the appellant, on the basis of the Non-Management System information received by the Income Tax department, the respondent
company had received the contractual payment of Rs. 31,69,476/- under section 194C (Payments to Contractors) of Income Tax Act during the
Assessment Year 2011-12.
8. The appellant has further submitted that it appears that there is tax evasion which has escaped assessment within the meaning of Section 147 &
148 of the Income Tax Act and action in accordance with law is required to be initiated against the company. It is submitted that assessment of
income of the Company for the Assessment Year 2011-12 is pending. Notice dated 22.03.2018 under section 148 of the Income Tax Act, 1961 was
issued to the respondent at its registered address as well as through affixation, to which there is no response from the Respondent No. 2 to 6 being the
company and its ex-directors.
9. The Ld. Counsel for the Income Tax submits that in order to enable the income tax department to recover the taxes on the undisclosed income, of
the company and to charge and recover the revenue from the transactions of the company during the year 2011-12, if any, it necessitates restoration
of the Respondent No. 2 Company in the Register of Companies as maintained by ROC to proceed further in accordance with law. As on date the
proceedings cannot continue against the company, for it being struck off and the said revenue cannot be recovered.
5. It is the case of appellant that the Income Tax Department is an aggrieved party within the meaning of section 252(1) read with 252(3) of the
Companies Act, 2013 as it has to recover taxes payables by company and great prejudice will be caused to revenue if the name of the company is not
restored back.
6. In above circumstances, this appeal deserves to be allowed as the appellant is qualifying as ‘creditor’ under section 252(3) of the Companies
Act, 2013. Hence this appeal is allowed and the Registrar of companies is directed to restore the name of the Company in their Register and also
proceed to take such other and further penal action against the respondents in accordance with the statutory provisions. The name of the Appellant
Company shall then, as a consequence, stand restored to the Register of the Registrar of Companies, as if the name of the company had not been
struck off in accordance with Section 248(1) of the Companies Act, 2013.
10. The appeal is disposed of accordingly.
11. Let the copy of the order be served to the parties.
