R. Varadharajan, Member - (1.) Pursuant to short order dictated in the open court on 22.01.2018, the detailed order is rendered as follows:- This is an Appeal/ Petition which has been preferred u/s 252 of the Companies Act, 2013 by the Petitioner Company in relation to an order of striking off the name of the Petitioner Company passed by the Respondent with effect from 07.06.2017 under the provisions of Section 248 of the Companies Act, 2013. Learned authorized representative for the Petitioner represents that the Petitioner Company was incorporated under the provisions of Companies Act, 1956 and has its registered office at RZ-44B/2A, Gali No. 5/8, Main Sagarpur New Delhi-110046. The Company is into the business of providing all type of education through information technology, computers, multi-level channels, to establish in India or abroad networks of education and other similar services and has been carrying on the said business even as of today. Learned authorized representative for the Petitioner represents that the Company has been filing its income tax returns with the Income Tax Authorities. It is also submitted by the Learned authorized representative that the Company is also amenable to Service Tax and it has been regularly filing Service Tax Returns with the concerned authority and proof of filing returns have been enclosed as Annexure-N filed along with this Appeal/ Petition. However, despite all these compliances with the various regulatory authorities, compliance in relation to the provisions of Companies Act, 2013 with the Respondent RoC by filing annual returns and financial statements has been omitted to be complied with and that the said omission is not mala fide. According to the Learned authorized representative, the Petitioner Company was unaware of the fact that the Statutory Auditor has failed to file the financial statements before the RoC. Further, the Petitioner has claimed that it was never served any show-cause notice under Sec 248(1) of the Companies Act, 2013 before striking off its name. However, in view of non-filing of the Annual returns and Financial Statement, the name of the Petitioner Company from the register as maintained by the RoC has been struck off on and from 07.06.2017 and in view of demonstration of continued operation of the Company over the past years and presently also its business is being alive and running it will seriously prejudice the interest of the Company and the Petitioners and that taking into consideration the compliances made by the Petitioner in relation to other statutory authorities and since no one will be prejudiced if the Appeal is allowed, but on the other hand, the interest of all concerned including shareholders/creditors will be seriously affected if the appeal is not allowed and the name of the company in the register of the RoC is not restored.
(2.) Upon notice ordered to the Registrar of Companies, the RoC has not filed any representation in this regard till date.
(3.) Upon notice ordered to the Income Tax Department, the Revenue has filed its report on 04.01.2018 and upon consideration of the Appeal it has concluded as follows: "The Assesse company was incorporated on 23.10.2007, the company is filing its return of income regularly from 2008-09 to 2016-17.";