STK-2 -CLOSURE OF COMPANY

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This query is : Resolved

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This discussion addresses whether a company can apply for strike-off under STK-2 when there's an ongoing case with the GST department. The consensus is that if a company has outstanding liabilities, such as those from a GST dispute, it cannot be considered dormant and therefore is not eligible to apply for strike-off under the Companies Act, 2013.

Manpreet

Manpreet (Querist)

05 April 2023 Hi All,

Can we apply for STK-2 if there is case pending with GST department.

Thanks

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

06 April 2023 No, only dormant company not commenced business can apply for STK 2.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

06 April 2023 In view of the pending dispute with GST dept., liability as in section 248(2) of the Companies Act, 2013 seems not extinguished , hence company is not eligible to seek strike off under Chapter XVIII of the said act.

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