IN THE NATIONAL COMPANY LAW TRIBUNAL,

DIVISION BENCH – II, CHENNAI

Comp. Appeal /82(CHE)/2024

(Under Section 252(3) of the Companies Act, 2013)

In the matter of SPEED & SAFE FREIGHT SYSTEMS INDIA PRIVATE LIMITED

INCOME TAX OFFICER

Corporate Ward — 3 (1), Room No. 415, 4th floor,

Wanaparthy Block, Aayakar Bhavan,

121, Nungambakkam High Road, Chennai — 600034

… Appellant

-Vs-

1. SPEED & SAFE FREIGHT SYSTEMS INDIA PRIVATE LIMITED

No. 76/2, First Main Road, CIT Nagar,

Chennai – 600 035

2. REGISTRAR OF COMPANIES, CHENNAI

Block No.6, B Wing – 2nd Floor, Shastri Bhawan,

26, Haddows Road, Chennai, Tamil Nadu – 600 034

3. SHRI P.ANBALAGAN, DIRECTOR 5/211G, Thavasi PE Rumai Salai,

Opp. TAC Nagar, Tuticorin – 628 005

4. SHRI P.LAKSHMI, DIRECTOR

5/211G, Thavasi PE Rumai Salai,

Opp. TAC Nagar, Tuticorin – 628 005

… Respondents

Order Pronounced on 26.09.2025

CORAM

SHRI. JYOTI KUMAR TRIPATHI, MEMBER (JUDICIAL)

SHRI. RAVICHANDRAN RAMASAMY, MEMBER (TECHNICAL)

Present:

For Applicant : Mr. Raj Jhabakh, Advocate

For Respondent No.2/ RoC : Mr. Avinash Krishnan Ravi, Advocate

ORDER

This Appeal has been filed by INCOME TAX OFFICER, seeking restoration

of the name of the Respondent No.1 Company, SPEED & SAFE FREIGHT SYSTEMS

INDIA PRIVATE LIMITED (hereinafter referred to as “the Company”), filed under Section 252(3) of the Companies Act, 2013, seeking restoration of the Company’s name in the Register of Companies maintained by the Registrar of Companies/ RoC, Chennai (hereinafter referred to as “the Respondent No.2”), aggrieved against the order of Strike Off carried out by the Respondent No.2 on 29.10.2019 under Section 248 of the Companies Act, 2013.

2. The brief facts of the matter are tabulated below: -

S. NO. PARTICULARS FACT a) Name of Company SPEED & SAFE FREIGHT SYSTEMS INDIA PRIVATE LIMITED b) CIN No. U63030TN2012PTC087574 c) Date of Incorporation 08.09.2012 d) Registered Office Address Plot No 2, Door No 3, I Floor white FII LD, Kamaraja Nagar, M.M.C post Madhavaram Chennai, Tamil Nadu, India – 600 051 e) STK-5 Date 17.08.2019 f) STK-7 Date 29.10.2019 g) Reasons for Strike Off The company has failed to file statutory annual returns and financial statements for several consecutive financial years from 2016–17 onwards nor is its PAN registered on the ITBA portal. Thus, on the ground that company has not carrying business operation for period of two years without obtaining dormant status for obtaining the status of dormant company under section 455 of the Companies Act to the RoC/ Respondent No.2, it is been struck off.

SUBMISSIONS OF THE APPELLANT

3. The Appellant submits that Speed & Safe Freight Systems India Private Limited, which was incorporated under the Companies Act on 08.09.2012, had a good financial structure at the time it was struck off, with an authorized share capital Rs.5,00,000/-.

4. It is submitted that as per the objects clause of the Memorandum of Association, the company’s main objects included freight forwarding, clearing and forwarding, warehousing, multimodal transport operations, logistics consultancy, customs brokerage, passenger and goods transport, and allied services in the shipping and transport industry.

5. It is submitted that the Respondent No.1 Company has not filed returns of income for any assessment year, nor is its PAN registered on the ITBA portal. Despite this, financial transactions were undertaken during AY 2015–16, including:

• Remittance to a non-resident: Rs.66,000/-

• Payments to contractors (TDS u/s 194C): Rs.2,99,42,605/-

• Professional/technical fees (TDS u/s 194J): Rs.7,500/- • Commission/brokerage (TDS u/s 194H): Rs.2,16,723/-

• Total: Rs.3,02,32,828/-

6. It is submitted that since the company is struck off, assessment proceedings under the Income Tax Act could not be carried out effectively, thereby prejudicing the Revenue’s interest in recovering tax dues arising from such transactions.

7. It is further submitted that an assessment order dated 30.03.2022 was earlier passed against the company under Section 147 of the Income Tax Act,