17 Companies penalized by ROC for non-filing of Form INC-20A

The Registrar of Companies has penalised 17 Companies for non-filing of Form INC-20A.

The ROC has passed order of penalty against 17 Companies for non-filing of MCA Form of INC-20A and violated the section 10A(1)(a) of the Companies Act, 2013.

In the matter of Awaas Nidhi Limited:

The Registrar of Companies in the matter of Awaas Nidhi Limited has imposed Penalty of Rs. 350,000 for non-filing of Form INC-20A.

Company AAWAS NIDHI LIMITED (CIN: U65999CT2021PLN011234) [herein after referred as Company] incorporated on 03/02/2021 is a registered company with this office under the provisions of Companies Act, 2013, having its registered address at RAIPUR, B-7, 1ST FLOOR, HB COLONY KACHNA,492001 Raipur, India.

It is observed from the record of the company available on the record room of the e-registry of Ministry of Corporate Affairs, Government of India, on MCA portal that the subject company was incorporated on 03/02/2021 and therefore the mandate contended u/s 10A r /w rule 23A of the Companies (Incorporation) Rules, 2014, the prescribed e-form i.e.,INC-20A was required to be filed by the company latest by 03/08/2021 (herein after referred to be the “due date”) i.e., within a period of 180 days of the date of incorporation.

It is observed from MCA record that the company has not filed Declaration at the time of commencement of business in form no. INC-20A, as per Rules 23A the Companies (Incorporation) Rules, 2014 till date. therefore, for such default the company and every officer who is in default are liable for the penalty u/s 10A of the Act.

Therefore, for the above-mentioned violation this office has issued Show cause notice to the company and its officers in default vide this office letter No. No. ROC-cum-OL-C.G./SCN/Sec.10A(1)/011234/2023/248 to 251 dated 06.06.2023 u/s 10A of the Companies Act, 2013.

Further no reply to the aforesaid show cause notices were received from the company and its officers in default. Therefore, for providing an opportunity of being heard, a “Notice of Inquiry” vide. letter No. No. ROC-cum-OL-­C.G./SCN/Sec.1oA(1)/011234/2023/624 to 627 dated 31.07.2023 was issued to the Company and its officers in default and the date of hearing was fixed on 17/08/2023, in the O/o Registrar of the Companies, Chhattisgarh, 1st Floor, Late Shri Ashok Pingley Bhawan of Municipal Corporation Nehru Chowk, Bilaspur, Chhattisgarh-495001.

None appeared for the Company and its officers in default on the date so fixed, despite providing them reasonable opportunities of being heard. Hence as per Rule 3(11), Companies (Adjudication of Penalties) Rules 2014, the matter is being proceeded with in the absence of such persons.

Therefore, in view of the above said violation of non-filing of declaration under the provisions of section 10A(1)(a) of the Companies Act, 2013 read with section 10(2) of the Act, and in exercise of the powers vested under Section 454(3) of the Companies Act 2013, hereby impose penalty in the following manner on the company and all the officers in default during the period of offence committed from 04/08/2021 (181st day from date of incorporation) to 17/08/2023(Date of hearing before Adjudicating officer.

In view of the above, it is concluded that the Company and its officers in default are liable for penalty as prescribed under Section 10A(2) of the Act for non-compliance of section 10A(1) of the Companies Act 2013, for 743 days i.e., with effect from 04/08/2021(181st day from date of incorporation) to 17/08/2023 (Date of hearing before Adjudicating officer) in terms of Section 10A(2) of the Companies Act, 2013.

Accordingly, Penalty of Rs.350000 imposed as prescribed under Section 10A(2) of the Companies Act, 2013. Penalty is commensurate with the aforesaid failure committed by the Noticees and penalty so imposed upon them shall be paid from their personal sources/ income.

The company and officers in default shall pay the said amount of penalty through online mode by using the website www.mca.gov.in (Misc. head) in favour of “Pay & Accounts Officer, Ministry of Corporate Affairs, Mumbai, payable at Mumbai, within 90 days of receipt of this order, and file form INC-28 attaching a copy of order and payment challans. The notice shall pay the said amount of penalty online by using website (miscellaneous head) specifying the details of this order and the name of the noticee who is paying the penalty. It is further directed that penalty imposed shall be paid through the Ministry of Corporate Affairs portal only pursuant to Rule 3(14) of Company (Adjudication of Penalties) (Amendment) Rules, 2019.

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