The Tribunal should not adjudicate a petition for the restoration of a company's name if the same issue is sub judice before a higher appellate authority (NCLAT) to prevent conflicting orders and maintain judicial propriety.

As Per Bench

1. This Company Petition has been filed under Section 252(3) of the Companies Act, 2013 (“Act”) by Income Tax Department, seeking for restoration of the name of the company which has been struck off from the Register of the Companies maintained by the Registrar of Companies, Shillong pursuant to the filing of form STK-2 dated 15.10.2019 under section 248(2) of Companies Act, 2013 under the Fast track exit scheme. The Petitioner prays for the following reliefs:

i. Pass appropriate order to admit the petition;

ii. Pass appropriate order directing the respondent no.1 to restore the name of the company in the register with immediate effect in terms of section 252 (3) of the companies Act, 2013;

iii. Pass order in terms of section 252 (3) of the Companies Act. 2013 that is just and appropriate placing the company and all other persons in the same position as nearly as may be as if the name of the company has not been struck off;

iv. Pass such order and further order(s) as may deemed fit and proper in the facts and circumstances of the case.

2. The averments made in the Petition are mainly to the following effect:

2.1 That the Applicant namely Income Tax Department, Ward 1(2) being aggrieved by an order of strike off of R-1 Company, ’SAPPHIRE SUPPLIERS PRIVATE LIMITED passed by Respondent No.2 (Hereinafter referred as R-2) pursuant to filing of Form STK-2 dated 15/10/2019 under Section 248(2) of Companies Act, 2013, under Fast Track Exit Scheme.

2.2 That the Assessment proceedings were initiated by the Income Tax Department against A.Y 2010-11, 2011-12, 2012-13 and 2014-15 in the R-1 company. Details of which are as follows:

i. AY 2010-11: Assessment completed u/s 147/143(3) on 29.12.2017. Demand raised: ₹29,35,470/-. Appeal dismissed by CIT(A) on 20.02.2024.

ii. AY 2011-12: Assessment completed u/s 147/143(3) on 28.12.2018. Demand: ₹ 9,09,29,390/-. Appeal pending before CIT(A).

iii. AY 2012-13: Assessment completed u/s 147/143(3) on 26.12.2019. Demand: ₹ 17,96,21,540/-. The assessment order was rectified u/s 154 on 31.03.2023 raising additional demand of ₹.18,61,384/. Penalty: ₹ 8,42,05,170/- levied on 23.03.2025. Appeal dismissed on 22.12.2023.

iv. AY 2014-15: Assessment completed u/s 147/144 on 27.03.2022. Demand: ₹ 1,15,41,970/-. Penalty u/s 271(1)(b) Rs.20,000/- was passed on 12.09.2022 and u/s 271(1)(c) ₹ 55,48,095/- was passed on 06.03.2025. Appeal dismissed on 23.02.2024.

2.3 Hence, the Applicant, being aggrieved of such strike off and in order to seek relief(s) have filed the instant application under Section 252(3) of the Companies Act, 2013, seeking restoration of the name of the company on the Register of Companies maintained by the Registrar of Companies, N.E. Region, Guwahati.

3. After hearing the counsel representing the Income Tax Department, this Tribunal, vide order dated 02.04.2026, directed the ROC to file its reply. In compliance with the said order, ROC submitted its reply dated 30.04.2026. Shorn of unnecessary details, the observations made on behalf of the ROC are as follows:

3.1 The present application has been filed by the Income Tax Department under Section 252(3) of the Companies Act, 2013 seeking restoration of Sapphire Suppliers Private Limited (CIN: U51101AS2009PTC011927), whose name was struck off from the register of companies. The company was incorporated on 23.06.2009 and its present status on the MCA portal is “Struck Off."

3.2 The company had filed e-Form STK-2 on 15.10.2019 under Section 248(2) declaring Nil assets and Nil liabilities. After completion of the prescribed procedure and publication of notice in Form STK-7, the name of the company was struck off by the Registrar on 17.09.2020. The e-form STK-2 along with annexures has been annexed to the RoC Report as “Annexure-A”.

3.3 It is submitted that an appl