Private limited company

- Under Income tax, status might be active.

- It is better to file all the ROC returns alongwith the additional fees and penalty.

Generally the next step after getting struck off is to either apply for wind up or file all the return and fees and apply to high court for restore of name.

I dont think you will be able to file return with income tax as well.

Secondly if such company makes any investment in this partnership firm during this period it shall be considered as unexplained investment and taxed in hands of partnership firm and if at time of wind if the firm repays such amount to company along with interest both will be treated as unexplained expenditure in income tax and again taxed.

So its better that such company doesnt make any transaction with other entities after its name is struck off.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

Hello,

The process of striking off of name by the ROC includes notice from the ROC to the Income Tax authorities for any objection in striking off the name of the company. So you might not be able to file the income tax return.

While there are also tax consequences for the partnership firm under section 68/69A/69C of the Income Tax Act if the firm has received any sum in the nature of investment (loan, subscribing to shares, etc.) from the struck off company.

I hope this answer satisfies your requirement.

Regards,

CA Hunny Badlani

Hi

You have to first restore name with MCA,then only Income tax return can be filled.

For restoration,file all the pending returns asap along with all penalties.

Hope it helps

What do you mean by removed? Struck-off?

Generally it is not seen that name is revoked for non filing of documents. Can you please let me know the name of the company.

For income tax purposes, if the company is operating, it has to comply as if the company is in existence

Dear Sir,

Hope you are doing well !!

It should be active for income tax purpose.

Hello Sir,

The status of company would be active for the income tax purpose.