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instruction No. 03/2019

Date: November 22, 2019
Subject: Monitoring of companies under the process of strike off under Section 248 of the Companies Act, 2013
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Description:

This instruction highlights the need for close monitoring of companies identified by the Registrar of Companies for strike off under Section 248 of the Companies Act, 2013. It notes that lists under Forms STK-5, STK-6 and STK-7 are generated and published by the Ministry of Corporate Affairs for companies proposed to be removed or already struck off. Since CBIC receives such lists from only a few RoCs, field formations are directed to proactively monitor the MCA website. Formations must examine these lists to safeguard government revenue and initiate necessary GST action. Monitoring is required across jurisdictions as such companies may have GST registrations or business activities in multiple States. The instruction aims to prevent revenue loss arising from vanishing or non-compliant companies.

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