Request for extension of Company Fresh Start Scheme – 2020 for the Petitioners / Applicants before Hon’ble National Company Law Tribunal for restoration of Companies under section 252 of the Companies Act, 2013. Relevant Text of the representation is as follows:-

Dated: 25th November 2020

Shri Anurag Singh Thakur
Hon’ble Minister of State for Finance and
Minister of State for Corporate Affairs
‘A’ Wing, Shastri Bhawan, Rajendra Prasad Road,
New Delhi – 110001, India

Sub: Request for extension of Company Fresh Start Scheme – 2020 for the Petitioners / Applicants before Hon’ble National Company Law Tribunal for restoration of Companies under section 252 of the Companies Act, 2013.

Hon’ble Sir,

The MCUP has received various representations from corporate sector regarding extension of Company Fresh Start Scheme – 2020 (hereinafter called as “CFSS – 2020”) which is only open up to December 31, 2020. In the past, various companies all over India including in the state of Uttar Pradesh were struck off by office of Registrar of Companies under section 248 of the Companies Act, 2013 for non-filing of Annual Returns and Financial Statement for consecutively three years and shareholders / creditors / workmen / company have approached the Hon’ble National Company Law Tribunal for restoration of their name under section 252 of the Companies Act, 2013 in the Register of Companies maintained by Registrar of Companies.

The MCUP feels that representations received from the corporate sector have merits, he. approach your good self for the intervention in the matter specifically for the Companies which are before Hon’ble National Company Law Tribunal under section 252 of the Companies Act, 2013.

We beg to submit as under in justification of our request:

1. The default has occurred due to non-filing either inadvertently or there were disputes in the Company and non filing of annual return and balance sheet for three years has resulted into removal of names of the Companies from the Register of Companies maintained by the office of Registrar of Companies;

2. Companies are functioning and regularly paying GST as well as Income Tax to the Government of India, hence the Hon’ble National Company Law Tribunal may restore those companies as it is one of the ground for restoration;

3. Some companies are having investments and immovable properties of large volume and after restoration, the name of the Company will appear in the Register of concerned Registrar of Companies – the sale of shares or immovable properties will fetch huge amount of revenue by way of capital gain or other income to the Revenue Department;

4. The companies which are having immovable property or Plant & Machinery may restart their business which ultimately generate the employment and contribute to the corpus of serenity of India and also to GDP of India;

5. Pendency before Hon’ble National Company Law Tribunal: It is a matter of record that due to pandemic Covid-19, all the benches of Hon’ble National Company Law Tribunal are not working in full swing and are functioning via Video Conferencing. Each bench is burdened with numerous cases and the hearing via Video Conferencing is a new method of hearing which has emerged in India due to Covid-19 and date of hearing is fixed after 20-25 days;

6. The office of Income Tax Department as well as Registrar of Companies are function  2 with lesser strength on account of Covid-19. It is added here that if application is filed before the Hon’ble National Company Law Tribunal, the Income Tax Department and Registrar of Companies have to file their report then only Lordship can hear the matter and decide on merits;

7. In Uttar Pradesh there is a Hon’ble National Company Law Tribunal bench at Allahabad, the recent cause list has matters of restoration as under:

decide either way unless the report of Registrar of Companies and Income Tax Department is filed.

Therefore, the scheme ought to be extended in such a manner that the same may continue for particular companies for three months from the date of passing of order of concerned Hon’ble National Company Law Tribunal.

Kindly note that this request of MCUP is not for the companies which have not been struck off.

It is therefore prayed that as a first step the Scheme may be extended for upto June 30, 2021 for the cases pending before Hon’ble National Company Law Tribunal.

MCUP is of the considered opinion that if any application is filed before December, 2020 it shall be decided upto May, 2021 and the Company will get opportunity of one month to enjoy the benefit of CFSS – 2020.

Thanking You,
Yours sincerely,
For Merchants Chamber of Uttar Pradesh

(Adesh Tandon)
Chairman of Corporate and Legal Affairs Committee

Download Full Text of Representation in PDF Format

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S. No. Date Association Particulars with link
1 9 Dec 2020 Western Maharashtra Tax Practitioners Extend due dates of Tax Audit & ITR for AY 2020–21
2 12 Dec 2020 Gujarat Sales Tax Bar Extend GSTR-9/9A/9C due date for FY 2019-20 to 30/06/2021
3 12 Dec 2020 Chamber of Tax Consultants Extend due dates for Tax/Transfer Pricing Audit & ITR for AY 2020-21
4 12 Dec 2020 Tax Practitioner’s Association, Indore Extend due dates for filing Tax/TP Audit Report & ITR for AY 2020-21
5 14 Dec 2020 AGFTC, ITBC and CAA Extend due dates of Tax Audit Reports/ITR for A.Y. 2020-21
6 15 Dec 2020 BCAS, CAA (Ahmedabad), CAA (Surat), KSCAA & LCAS Request to Extend Due dates under GST & Income Tax
7 15 Dec 2020 Tax Bar Association, Bhilwara Request to extend Due Date of filing of Tax Audit & ITR
8 15 Dec 2020 Direct Taxes Professionals’ Association, Kolkata Extend due date of ITR & Tax Audit for AY 2020-21
9 16 Dec 2020 Lucknow CA Tax Practioners’ Association Extend Due date for filing Tax Audit Report & ITR
10 16 Dec 2020 Jamshedpur Chartered Accountants Extend Due Date of filing Tax Audit & ITR to 31.03.2021
11 13 Dec 2020 Direct Taxes Committee of ICAI ICAI requests for extension of various Income-tax due dates
12 10 Dec 2020 Udaipur Tax Bar Association Further extend due dates of ITR & Tax Audit Reports for FY 2019-20
13 15 Dec 2020 CA Social Affiliation (CASA) Extend Tax/TP Audit Report & ITR filing due date for AY 2020-21
14 19 Dec 2020 Chartered Accountants Association, Jalandhar Extend Due Dates for Tax Audit and Income Tax Return Filing
15 19 Dec 2020 All India Federation of Tax Practitioners (CZ) Request for extension of due dates of Tax Audit Reports/ITR
16 19 Dec 2020 Vyyapaar Mandal Association, Nagore & AIMTPA Extended Income Tax & GST Audit/Return/Compliance dates
17 17 Dec 2020 Emerging Businesses Chamber Of Commerce Extend due dates for Income Tax Audit & Returns for AY 2020-21
18 Dec 2020 The Uttar Pradesh Tax Bar Association Representation for Extension of time for Tax Audit & Return
19 19 Dec 2020 Tax Bar Association, Guwahati Extend Tax Audit/ITR due dates for AY 2020-21
20 21 Dec 2020 Tax Bar Association, Guwahati Extend due dates of GSTR-9/ GSTR-9C for FY 2018-19 & 2019-20
21 17 Dec 2020 Karnataka State Chartered Accountants Association Waive Late Fees for Delayed Filing of GST Returns
22 15 Dec 2020 Direct Taxes Professionals’ Association Extend Vivad Se Vishwas Scheme due date to 15.03.2021
23 15 Dec 2020 Direct Taxes Professionals’ Association Extend due date of AGM to 31st March 2021
24 15 Dec 2020 Association of Tax payers & Professional, Agra Extend due of GSTR-9, GSTR-9A & GSTR-9C
25 08 Dec 2020 Tax Bar Association (Regd), Allahabad Extend due date of ITR/Tax Audit/GSTR-9/GSTR-9C
26 08 Dec 2020 Tax Consultant & Practitioners Association of Kerala Extend due of ITR, GSTR 9, 9A & 9C for FY 2018-19 & 2019-20
27 21 Dec 2020 Tax Bar Association, Guwahati Extend CFSS 2020 & LLP Settlement Scheme 2020 to 31.03.2021
28 22 Dec 2020 Income Tax Bar Association, Lucknow Extend Time for filing ITR & Audit Report for A.Y 2020-21
28 22 Dec 2020 53 GST and Trade Associations 53 Associations requests Extension for GSTR 9, 9A & 9C
29 16 Dec 2020 Chandigarh Chartered Accountants Taxation Association Extend Income Tax & GST Return & Audit due dates
30 22 Dec 2020 Bhayander CA Social Group Request to extend Due date of Annual GST Return & Audit
31 22 Dec 2020 Luminaires Accessories Components Manufacturers Association Extend due dates for Tax Audit & Income Tax Return filing for AY 2020-21
32 22 Dec 2020 All Professionals, Tax Payers and Stakeholders Open letter for extension of Due dates under Income Tax and GST
33 22 Dec 2020 Punjab Accountants Association Extend due date for filing ITR & Tax Audit Report- AY 2020-21
34 22 Dec 2020 Bhayander CA Social Group Extend Income Tax Audit & ITR Due dates for AY 2020-21
35 23 Dec 2020 The Tax Bar Association, Odisha Extend due dates of Audit Reports, ITRs, GST Returns, VSV Scheme
36 21 Dec 2020 Sales Tax Bar Association, Delhi Extend Tax/TP Audit & ITR Due dates for AY 2020-21
37 23 Dec 2020 Direct Taxes Professionals’ Association Extend Income Tax, Companies & CGST Act compliance due dates
38 24 Dec 2020 ICSI Extend due dates of CFSS, LLPSS, Charge Forms, Meetings
39 24 Dec 2020 All Odisha Tax Advocates Association Extend due date for filing TAR/ITR/GSTR9/9A/9C
40 25 Dec 2020 BJP Economic Cell, Rajasthan Extend Income Tax, GST, LLP, Company Law due dates
41 23 Dec 2020 Hyderabad Chartered Accountants’ Society Extend Due date under GST and Income Tax
42 22 Dec 2020 A. P. Tax Bar Association, Vijayawada Extend date of filing of GSTR 9, GSTR 9C and IT returns
43 03 Jan 2021 National Company Law Tribunal Bar Association Representation for further extension of CFSS 2020
44 25 Nov 2020 Merchants Chamber of Uttar Pradesh Request for extension of Company Fresh Start Scheme 2020
45 04 Jan 2021 Adv. Anuj Bhatt Request to President to take Suo-Moto cognizance of GST Issues
46 03 Jan 2021 The Chamber of Tax Consultants Extend Income-tax due dates with humane approach
47 01 Jan 2021 WMTPA Highly Disappointing GST Audit Due Date Extension
48 01 Jan 2021 The A.P. Tax Bar Association, Vijayawada Extend due date of Form GSTR 9 and 9C for year 2018-19

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