Mr. Ghanshyam Saini & Ors vs Income Tax Officer & Ors

IN THE MATTER OF: Ghanshyam Saini & Ors. ...Appellants Versus

Income Tax Officer ...Respondents & Ors. Present:

For Appellants : Mr. Sitikanth Nayak, Advocate. For Respondents :

ORDER

12.09.2022: After some argument Ld. Counsel for the Appellant requests

for disposal of the present Appeal only with indication that the observations

made in paragraph no. 14 of the impugned order may not come in the way in

deciding two appeals filed by the Appellant; one filed before the CIT and

another before the ITAT. Further, it has been pointed out that NCLT in

paragraph no. 16 while allowing restoration of the Company on the Petition

filed by the Income tax department, directed the Registrar of the Companies to

restore the Company in Register and also proceed to take such other and

further penal action against the Respondent in accordance with the statutory

provisions. It was requested that direction of NCLT to the extent of taking the

penal action is needed to be expunged.

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We have perused the expunged order. Though we may not interfere with the

impugned order whereby company of the Appellant was directed to be restored

to the Register of the Registrar, but at the same time we make it clear that

observations made in paragraph no.14 may not come in the way of disposal of

the Appeal by CIT as well as ITAT. It is further clarified that in respect of

restoration the Registrar of the Company, instead of taking penal action, may

charge procedural fees as per law. With the above observations, the Appeal

stands disposed of.

[Justice Rakesh Kumar] Member (Judicial)

[Dr. Ashok Kumar Mishra] Member (Technical)

sr/bm

Company Appeal (AT) No. 145 of 2022