The Central Board of Direct Taxes (CBDT) has directed the I-T Department to form a special team of officers to complete the task of filing these Appeals under Section 252(1) of the Companies Act, 2013 in various NCLT benches
across the country by this month-end, and has written to the Ministry of Corporate Affairs seeking its help. The Income Tax (IT) Department is an "aggrieved creditor" to many de-registered shell companies and will petition the National Company Law Tribunal (NCLT) to recover tax dues of crores of rupees. The CBDT, the policy-making body for the department, is concerned over crores of rupees of its "legitimate" taxes being stuck, after these shell firms were de-registered by the government in the recent past as part of its drive against black money and fraud business operations. A standard operating procedure (SOP) has been issued by the CBDT last year for the tax department for filing such appeals that stated that shell firms against whom the department has pending cases of departmental appeal, penalty and prosecution among others will be petitioned before the NCLT. The CBDT said that the Ministry of Corporate Affairs has informed it about issuing "suitable directions to all regional directors and Registrar of Companies (RoCs) to extend cooperation to the tax department while filing applications for restoration of name of struck off/de-registered companies before the jurisdictional NCLT bench. The ministry has also told the CBDT that its regional directors and RoCs will "not oppose" the tax department's applications before the NCLT.
across the country by this month-end, and has written to the Ministry of Corporate Affairs seeking its help. The Income Tax (IT) Department is an "aggrieved creditor" to many de-registered shell companies and will petition the National Company Law Tribunal (NCLT) to recover tax dues of crores of rupees. The CBDT, the policy-making body for the department, is concerned over crores of rupees of its "legitimate" taxes being stuck, after these shell firms were de-registered by the government in the recent past as part of its drive against black money and fraud business operations. A standard operating procedure (SOP) has been issued by the CBDT last year for the tax department for filing such appeals that stated that shell firms against whom the department has pending cases of departmental appeal, penalty and prosecution among others will be petitioned before the NCLT. The CBDT said that the Ministry of Corporate Affairs has informed it about issuing "suitable directions to all regional directors and Registrar of Companies (RoCs) to extend cooperation to the tax department while filing applications for restoration of name of struck off/de-registered companies before the jurisdictional NCLT bench. The ministry has also told the CBDT that its regional directors and RoCs will "not oppose" the tax department's applications before the NCLT.
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