Rajeswara Rao Vittanala, Member - (1.) The Present Company Application/appeal bearing CA.No.165/252/HDB/2017 is filed by the M/s. Acertar Software Private Limited, under Section 252 of Companies Act, 1956/2013, by seeking following reliefs: a) to restore the name of the Appellant Company in the Register of Companies; b) to change the status of the Appellant Company from "Strike Off" to "Active" on the Ministry of Corporate Affairs Portal; etc.
(2.) Brief facts of the case, as mentioned in the application, are as follows: a. M/s. Acertar Software Private Limited (hereinafter referred to as the Company) was incorporated under the Companies Act, 1956/2013 on 20th December 2012 as a Private Limited Company with the Registrar of Companies, Hyderabad. b. The Company is established with main object to carry on end-to-end business of IT services, business solutions, product development outsourcing, product support, software infrastructure support and hardware support for clients in the field of information technology, Information Technology Enabled services, data mining, data slandering, data processing, testing, ERP and training, development and internship services, integrated learning solutions, including managed training services, strategic consulting, and to establish, manage and operate software development centers, business process outsourcing, call centers, computer laboratories, customer services operations, educational institutions, training centers, counselling centers, consulting services and to undertake and execute any contract involving Back Office operations for clients using computer software/hardware based system, feasibility study, and software development, internet and intranet services, electronic commerce, web designing, providing animation services, web site providers, web hosting, training of man power, data administration utilities, business processing, works subcontracting, ERP consulting, management, marketing and services of all computer related activities in India and abroad, to design, develop, use implement, lease, purchase, sell import, export, distribute, maintain and support various kinds of software and hardware for any information processing applications, etc. c. The Company has not filed annual returns for the financial years 2014-15 and 2015-16. Hence the Company served the notice U/s 248(1) . Due to noncompliance of the same the Company is served notice in form STK-7 of the Companies Act, 2013 U/s 248(5) . d. The Company submits that the business activities of the Company are still continue and Annual General Meeting is conducted each and every year as per the compliance with the provisions of the Companies Act, 1956 as well as the provisions of Companies Act, 2013, whichever is in force at the relevant period, and the Company has filed the Income Tax returns with the Income Tax Department regularly. e. The Annual Accounts and the Annual Returns pertaining to only two financial years i.e. 2014-15 and 2015-16 are to be filed. The Appellant shall be able to complete its filing of pending Annual Returns and Financial Statements, upon granting of the prayers stated in this application, and when the name is restored and change its status from 'Strike Off to 'Active' in the Register of Companies maintained by the ROC and change . f. It is running its services and balance sheet showing the Assets and Liabilities of the Appellant Company for the financial years 31.03.2015, 31.03.2016 a 31.03.2017 are revenue from operations is Rs. 780,563/-, Rs.2,584,051/- a 4,413,010/- and Employee Benefit Expenses is Rs.456,985/-, Rs. 1,736,254/- a Rs.3,236,521/-. g. The Company has commenced business in the recent past and it is ready to file its pending returns and income tax returns as required under the act and requesting to change the status of the Company to active from strike off and give such directions to the Registrar of Companies.
(3.) The case is listed for admission on various dates viz: 24.10.2017, 26.10.2017 a 27.10.2017.;