Query regarding strike off company
11 months ago
I have query regarding strike off company. I got a notice from roc as stk 1 and company gets strike off.
I Wanted to know about what will happen if we are not revive this company.
Is there any panalty on company and its director for previous non-compliance.
and other than this what action income tax department take against strike off company if company is not doing single transactions but not filing itr.
Please let me know any way to get out of this because it gives too much tension to us.
Please reply your reply is very helpful for us.
Although it is not clear from your query in what capacity you made a query when a Company declared Strike off by the Regulatory Authority(ROC), however, from the nature of the query it appears that you are most probably the Directors of the said Company. When a Company stopped its activities for a call of strike and gets notice from ROC, compliance of a series of mandatory provisions under the Company Act, 2013 is required from the Board of Directors and especially when you are not interested to revive the Company, non-compliance of all these mandatory provisions required for closure of the Company make you liable for penal actions from the concerned regulatory authority including prosecution, penalty, fines. Being a Corporate Body you are equally required to comply with the provision of I T Act, 1961 declaring your financial status through filing ITR even there is no single transaction in the fiscal, and non-compliance may liable you for penal action by the concerned authority( I T Deptt). Reach out to a CA for further clarification and steps in the matter.
dire
A.Dear Sir,
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]