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Strick off Company Revival

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Strick off Company Revival

Strike Off Company is a company whose name has been removed by the registrar from the Register of Companies. After being struck off, company ceases to hold existence and therefore cannot undertake any business operations. E-tax helps such companies who desire to make an application or petition for restoration in order to make themselves active again.

A company can be stuck off, if it fails to:
  • Commence the business operations within a year of its incorporation
  • Carry on any business or operation for two financial years
  • Submit yearly returns for a period of two years
  • Carry on any business as revealed from the physical verification of its registered office
  • File a declaration within 180 days for non-payment of subscription money

Who can make an appeal to NCLT?

The following persons can file a petition or application to NCLT within three years to restore the company:

  • Registrar who struck off unintentionally or on incorrectly
  • Company or any Member, Creditor or Workman aggrieved by the company‚Äôs strick off
  • Any other person affected by the struck off order of Registrar

Grounds for Revival by NCLT
  • The company is having any immovable property
  • The bank statements has active transactions evidencing the ongoing of company
  • The company has done all other compliances with Income tax, GST and like authorities.
  • Any document showing that it is in the public interest to revive the company
  • The company has high value assets or pending litigations
  • For any other reason as the NCLT may allow

Process for Revival of Company:
  • The application or petition for appeal shall be filed with the NCLT in Form No. NCLT-9 along with the necessary documents and fees
  • A copy of petition or application shall be served to ROC in not less than 14 days before the hearing date fixed with the tribunal
  • The tribunal will hear the objections of both parties i.e petitioner and registrar
  • After the hearing both parties, the Tribunal shall pass on order, as deems fit.
  • Company shall furnish a copy of order passed by tribunal for restoration of company in Form INC-28 to the ROC within 30 days from the date of order
  • Company shall also file pending annual returns and financial statements with the Registrar as directed by tribunal

E-Tax Revival Services Cover:
  • Drafting and filing of application or petition with NCLT
  • Filing of copy of petition or application with ROC
  • Making representation before Appropriate Authority
  • Obtaining order and filing it with ROC in Form INC-28
  • Filing of all pending ROC compliance forms at MCA

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