Authority: National Company Law Tribunal Chandigarh Bench (Court-I)

Order Date: 10 July 2026

Case Overview

The appeal was filed by Mahanand Associates Private Limited (CIN: U70109HR2020PTC091447) through its director Mr. Virender Singh against the Registrar of Companies (NCT of Delhi and Haryana) and the Income Tax Department. The company was incorporated on 08 December 2020 with an authorized share capital of ₹1,00,000 divided into 10,000 equity shares of ₹10 each, and paid-up capital of ₹1,00,000. It was engaged in real estate development, construction, and infrastructure projects including acquisition, development, leasing, and management of lands and buildings.

The Registrar of Companies struck off the company's name under Section 248 of the Companies Act, 2013 via notice in Form STK-7 dated 02 February 2023. This action followed earlier notices in Form STK-1 dated 07 July 2022 and public notice in Form STK-5 dated 28 September 2022. The grounds for striking off were: (1) failure to file declaration of commencement of business (Form INC-20A) within 180 days of incorporation as required under Section 10A(1); (2) subscribers to the memorandum not paying the subscription amount undertaken at incorporation; and (3) failure to file annual accounts and returns for financial years 2020-21 and 2021-22.

The company admitted to these violations but attributed them to inadvertence and lack of proper professional guidance. It submitted that it was carrying on business, generating profits, and paying income tax at the time of striking off. The company undertook to file all outstanding statutory documents including Form INC-20A, financial statements, and annual returns for 2020-21 and 2021-22 with requisite fees upon restoration.

The Income Tax Department, through its Sr. Standing Counsel Mr. Varun Issar, reported on 05 June 2026 that no outstanding income tax demand or proceedings were pending against the company and raised no objection to restoration. The RoC confirmed the procedural validity of the striking off process but noted that restoration would require the company to fulfill all pending compliance obligations.

Final Outcome

The NCLT Bench comprising Mr. Khetrabasi Biswal (Member Judicial) and Mr. Shishir Agarwal (Member Technical) allowed the appeal and ordered restoration of the company's name to the Register of Companies subject to the following conditions:

1. Payment of costs of ₹50,000 to the Prime Minister National Relief Fund within three weeks of receiving the certified copy of the order

2. The RoC shall restore the company's original status as if it had never been struck off

3. The company must file all pending statutory documents including annual accounts and returns with prescribed fees/additional fees within 45 days of restoration

4. The company must deliver a certified copy of this order to the RoC within 30 days of receipt

5. The RoC may publish the order in the Official Gazette at the company's expense

6. This order does not preclude the RoC from taking action for any other violations committed by the company

7. The Income Tax Department may take necessary action for non-filing or belated filing of income tax returns

The restoration is specifically limited to addressing the violations that led to the striking off action, and does not provide immunity for any other compliance failures.

Topics: Company Restoration, Regulatory Compliance, NCLT Order