Department of Income Tax Vs Sapphire Suppliers Private Limited (NCLT Guwahati)
Summary: The Income Tax Department filed the present petition under Section 252(3) of the Companies Act, 2013 seeking restoration of the name of Sapphire Suppliers Private Limited, which had been struck off by the Registrar of Companies under Section 248(2) pursuant to Form STK-2. The petition concerned pending Income Tax proceedings for Assessment Years 2010-11, 2011-12, 2012-13 and 2014-15.
The record stated that the company had been incorporated on 23.06.2009 and had filed e-Form STK-2 on 15.10.2019 declaring Nil assets and Nil liabilities. The Registrar struck off the company on 17.09.2020 after the prescribed procedure and publication of Form STK-7. The Income Tax Department relied on assessment and penalty proceedings and the resulting demands to contend that restoration was necessary for effective adjudication, assessment and recovery of tax dues.
The assessment details recorded in the petition included a demand of ₹29,35,470/- for AY 2010-11, a demand of ₹ 9,09,29,390/- for AY 2011-12, a demand of ₹ 17,96,21,540/- for AY 2012-13, with an additional demand of ₹.18,61,384/- after rectification and penalty of ₹ 8,42,05,170/-, and a demand of ₹ 1,15,41,970/- for AY 2014-15 with penalties under sections 271(1)(b) and 271(1)(c). The source also records the respective assessment dates and appellate status.
