Required Recent Judgement of NCLT for Revival of Company having no business

[CS NIMISH SAKHIYA]

Dear All

If any one have recent Judgement of NCLT for revival of Company having No Business....Not filed IT Return........Pls share same.

Warm Regards,

N. C. Sakhiya

Sakhiya & Co.

Practicing Company Secretaries

203-204, Business Park-1, Opp. Eagle Travels,

Nr. Moti Tanki Chowk, 

Rajkot-360 001, Gujarat, India.

 

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[Praveen singh]

NCLT may not revive a company having no business transaction, this is the pre condition that there must be some transaction to show that Company was carrying out some business, however in captioned case you can only request to court to revive and pay the cost of order. 

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[CS NIMISH SAKHIYA]

Agreed but.

I found recent Judgement of NCLT Ahmedabad Bench where without any business and non filing of IT Return. NCLT ordered for revival of Company.

Attached herewith Order.

Warm Regards,

N. C. Sakhiya

Sakhiya & Co.

Practicing Company Secretaries

203-204, Business Park-1, Opp. Eagle Travels,

Nr. Moti Tanki Chowk, 

Rajkot-360 001, Gujarat, India.

 

|Office   : +91 98981 25141|

|Personal: +91 88 6666 9301| 

|E-mail ID csnimis...@gmail.com |

Please don't print this e-mail unless you really need to.
SAVE EARTH P     SAVE WATER J    SAVE ENERGY~

 

DISCLAIMER:
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[R V Seckar]

Thanks Mr Nimmish 

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http://rvseckarincometaxcaselaws.blogspot.in/

[Praveen singh]

If you have gone through the order there is something you need to know.

a. The appeal was partially allowed with cost.

b. No representations were made by Income tax department and RoC.

c. The appeal is to revive the company so that it can be closed after completing statutory compliances.

Don't quote such Judgement in court. This is what I was saying it will the sole discretion of Court, you can request the court that once the opportunity is given you will do all the formalities and will start working. 

Apart from that if you have not filed the petition before Court you can take the benefit of the scheme issued by MCA.

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[Rinki Goyal]

Hello, Praveen

as you say  "Apart from that if you have not filed the petition before Court you can take the benefit of the scheme issued by MCA."

Is the MCA scheme applicable on co. strike off by ROC for non filing of annual accounts for more than 3years.

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Regards,

Rinki Goyal,

Rinki Goyal & Associates.

PCS

Mumbai

[Praveen singh]

Please refer to para 6 (IX) of the Companies Fresh Start Scheme 2020.

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[Rinki Goyal]

Thanks ,

One more query is-

1-  If we get revival order for a Co. from NCLT (which has been struck off for non filling of annual accounts) , and after filling of annual accounts and return for previous years, does it removes the disqualification of director (activation of DIN), or we need to separately file writ petition with High Court for same?

2- does after NCLT revival order we can avail companies fresh start scheme 2020?

please advise.

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