Efficient Investment Consultants Pvt ... vs Income Tax Officer & Anr

M/s. Efficient Investment Consultants Pvt. Ltd. ...Appellant

Versus

Income Tax Officer & Anr. ...Respondents

Present: For Appellant : Mr. Anil Verma, Chartered Accountant

For Respondent : Ms. Lakshmi Gurung, Senior Standing Counsel with Ms. Easha Kadian, Advocate for Income Tax Deptt.

ORDER

08.07.2019 This appeal has been preferred by 'M/s. Efficient Investment

Consultants Pvt. Ltd. & Ors.' against the order dated 7th May, 2019 passed by

the 'National Company Law Tribunal' New Delhi, Bench-II (hereinafter referred

to as the 'Tribunal') in Appeal No. 893/252/ND/2018 in which the Tribunal

entertained the application filed u/s 252 of the Companies Act, 2013 for

restoration of the name of the Appellant's Company namely 'M/s. Efficient

Investment Consultants Pvt. Ltd.' Learned counsel appearing on behalf of the

Appellant submits that the tax amount payable to the Income-Tax Department

has already been paid and there was no reason to restore of the name of the

company.

2. Ms. Easha Kadian, Advocate appears on behalf of the Income Tax

Department and submits that for tax evasion, a notice has been issued to the

Directors of the Company for the Assessment Year 2011-2012 and for -2-

subsequent years, which are pending. It is also submitted that the Income-Tax

Department has also issued notice on 30th March, 2018 u/s 148 of the Income

Tax Act to the Respondent Company. In view of such stand taken by the Income

Tax Department, we are not inclined to interfere in the impugned order merely

on the ground that the company has paid the Income Tax. We find no merit in

the Appeal, which is accordingly dismissed. No costs.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice A.I.S. Cheema ] Member (Judicial)

[ Kanthi Narahari ] Member (Technical) /ns/gc

Company Appeal (AT) No. 154 of 2019