Restrictions on Making Application Under Section 248 in Certain Situations. Notified Date of Section: 26/12/2016 249. (1) An application under sub-section (2) of section 248 on behalf of a company shall not be made if, at any time in the previous three months, the company— (b) has made a disposal for value of property or rights held by it, immediately before cesser of trade or otherwise carrying on of business, for the purpose of disposal for gain in the normal course of trading or otherwise carrying on of business; (2) If a company files an application under sub-section (2)of section 248 in violation of sub-section (1), it shall be punishable with fine which may extend to one lakh rupees. (3) An application filed under sub-section (2) of section 248 shall be withdrawn by the company or rejected by the Registrar as soon as conditions under sub-section (1) are brought to his notice.
Amendment 1. Substituted by vide MCA Notification number F.O. 3453(E) Dated 15th November, 2016. In Section 249 sub-section (1) for clause (e), (e) is being wound up under Chapter XX, whether voluntarily or by the Tribunal. the following clause shall be substituted, namely:— " (e) is being wound up under Chapter XX of this Act or under the Insolvency and Bankruptcy Code, 2016.".
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