The Tribunal can restore a company's name even if it was struck off by the Registrar, if justice demands such action, according to Section 252 of the Companies Act.

IN THE NATIONAL COMPANY LAW TRIBUNAL

NEW DELHI BENCH

COURT-IV

COMPANY APPEAL NO. 25/ND/252/2025

In the matter of Section 252(1) & 252(3) of the Companies Act, 2013

IN THE MATTER OF:

INCOME TAX OFFICER WARD 20(1),

C.R. BUILDING, I.P. ESTATE

NEW DELHI-110002

…APPELLANT

VERSUS

1. REGISTRAR OF COMPANIES, DELHI

4^TH FLOOR, IFCI TOWER,

61, NEHRU PLACE,

NEW DELHI-110019

…RESPONDENT NO. 1

2. M/S POLO COMPUTERS AND SOFTWARES PVT. LTD

S. NO. -21, G/ F, SITE NO. 1793, KOTLA ROAD, OPP. BALBHABAN, CENTRAL DELHI, INDIA, 110002

…RESPONDENT NO. 2

3. MR. KULDEEP SHARMA

DIRECTOR

S. NO. -21, G/ F, SITE NO. 1793, KOTLA ROAD, OPP. BALBHABAN, CENTRAL DELHI, INDIA, 110002

…RESPONDENT NO. 3

4. MR. DIPAK CHAUDHARY

DIRECTOR

S. NO. -21, G/ F, SITE NO. 1793, KOTLA ROAD, OPP. BALBHABAN, CENTRAL DELHI, INDIA, 110002

…RESPONDENT NO. 4

5. MR. SANJAY CHOUDHARY

DIRECTOR

S. NO. -21, G/ F, SITE NO. 1793, KOTLA ROAD, OPP. BALBHABAN, CENTRAL DELHI, INDIA, 110002

…RESPONDENT NO. 5 6. MR. AMIT KHURANA

DIRECTOR

S. NO. -21, G/ F, SITE NO. 1793, KOTLA ROAD, OPP. BALBHABAN, CENTRAL DELHI, INDIA, 110002 …RESPONDENT NO. 6 Order Delivered on: 29.07.2025 CORAM:

SHRI MANNI SANKARIAH SHANMUGA SUNDARAM, HON’BLE MEMBER (JUDICIAL)

SHRI ATUL CHATURVEDI, HON’BLE MEMBER (TECHNICAL)

PRESENT:

For the Appellant : Mr. Nikhil Jain, Advs.

For the RoC : Ms. Mehak Khandelwal &

Ms. Niti Khanna, Advs.

ORDER

PER: MANNI SANKARIAH SHANMUGA SUNDARAM, MEMBER (JUDICIAL)

1. This appeal has been filed by Income Tax Officer Ward 20(1) invoking the provisions of Section 252(1) read with Section 252(3) of the Companies Act, 2013 for restoration of the name of the Respondent No. 2 Company i.e., M/s Polo Computers and Softwares Private Limited incorporated on 07.09.2007 having CIN: U72300DL2007PTC167862 in the Registrar of Companies maintained by the ROC, Respondent No. 1.

2. Notice was issued by this Tribunal to all the Respondents vide order dated 21.01.2025 read with order dated 11.03.2025. As the respondents other than ROC did not respond to the notice, service was duly affected via speed post and publication in “Financial Express’’ Newspaper, English Edition and “Jansatta’’, Hindi Edition newspapers dated 18.04.2025 on the Respondent No. 2 Company and its Directors informing the date of hearing i.e., 06.05.2025. After effective service through publication, other than the ROC (Respondent No. 1), none appeared on behalf of Respondent Nos. 2 to 4 in the present Company Appeal. Accordingly, Respondent No. 2 to Respondent No. 4 were set ex-parte vide this Tribunal’s order dated 06.05.2025. Respondent No. 1, ROC appeared on 06.05.2025 and submitted that ROC have no objection, if this appeal filed under Section 252 of the Companies Act, 2013 stands allowed.

3. Vide proceedings initiated by the Ministry of Corporate Affairs, through the office of the ROC, names of several companies were struck off for want of filing statutory returns. The name of the Respondent No. 2, which had not filed any Return of Financial Statement, was duly struck off from the Registrar of Companies vide STK-7 (Notice No.-ROC- DELHI/248(5)/STK-7/2879 dated 30.06.2017 (Company’s name appearing at Serial No. 14902).

4. Invoking the provision of Section 252(1) read with Section 252(3) of the Companies Act, the Income Tax Department prayed for its restoration in order to carry out proceedings initiated against Company. As per the averments, the appellant was in possession of information that there are many transactions by which income of the Respondent No. 2 Company had escaped assessment for AY 2018-19 thereby rendering the Respondent No.2 Company liable for consequences under the Income Tax Act, 1961. Further, the Appellant submitted that the proceedings were initiated against the Respondent No. 2 Company and orders was passed under Section 147 read with Section 144 of the Income Tax Act, 1961 on 22.03.2024 and notices under Section 156 of the Income Tax Act, 1961 for Assessment Year 2018-19 on 22.03.2024.

5. It was submitted that a demand of Rs.26,40,190/- in A.Y. 2018-19 pend