Authority: National Company Law Tribunal (NCLT), Allahabad Bench, Prayagraj
Order Date: 17 July 2026
Case Overview
This appeal was filed on 5 November 2024 by Uzma Rashid and Rashid Jamal, directors and shareholders of M/s Xclent Landway Private Limited, under Section 252(1) of the Companies Act, 2013. The appellants sought restoration of their company's name to the Register of Companies maintained by the Registrar of Companies (ROC), Kanpur, after it was struck off on 8 June 2022 due to non-filing of annual returns and balance sheets since 2019.
The company was incorporated on 12 October 2017 (CIN: U70109UP2017PTC097797) with its registered office in Kanpur, Uttar Pradesh. It operates in real estate development with an authorized capital of Rs. 10,00,000 and paid-up capital of Rs. 1,00,000. The appellants admitted that the non-filing resulted from wrong advice by professionals but maintained proper documentation and submitted audited financial statements for FY2020-FY2022 showing inventories worth Rs. 94,62,700, cash equivalents of Rs. 5,83,449.37, and trade payables of Rs. 1,02,47,140 as of 31 March 2022.
The Income Tax Department (Respondent No. 2) filed a report detailing outstanding tax demands against the company totaling approximately Rs. 5.3 lakhs across assessment years 2018-19 to 2024-25. During hearings, the appellants' counsel undertook to pay these demands within one week, and a supplementary affidavit dated 14 July 2026 confirmed payment through relevant challans on the Income Tax portal. The ROC did not file any reply despite multiple opportunities.
The tribunal found the appeal filed within the three-year limitation period and noted that the company possessed assets justifying restoration. It determined that refusal based solely on filing defaults would be unjust, especially absent evidence of intention to abandon business.
Final Outcome
The tribunal allowed the appeal and directed ROC Uttar Pradesh to restore the company's name to the register, changing its status from "struck off" to "active." Restoration is subject to: (1) payment of Rs. 20,000 cost for restoration via the MCA portal under miscellaneous fees; and (2) payment of Rs. 20,000 to the Prime Minister's National Relief Fund.
The company must file all overdue statutory documents, including annual accounts and returns from FY2019 to FY2023, with prescribed fees and additional fees within 45 days of restoration. It must also comply with all relevant statutes, including the Companies Act, 2013 and Income Tax Act, 1961 (now 2025). The Income Tax Department may take necessary action regarding revised returns and verification of paid demands. The ROC must publish the restoration order in the Official Gazette after verifying compliance. The appellants must deliver a certified copy of the order to ROC Uttar Pradesh and the Principal Chief Commissioner of Income Tax, Lucknow, within 30 days.
Topics: NCLT Order, Company Restoration, Statutory Compliance