ROC levies penalty of Rs.698750 on a Company for non-filing of Annual Return
Reetu | Dec 3, 2022 |
ROC levies penalty of Rs.698750 on a Company for non-filing of Annual Return
The Registrar of Companies (ROC) under Ministry of Corporate Affairs levies penalty of Rs.698750 on a Company for non-filing of Annual Return.
Company M/s. Hotel Rajhans Private Limited, CIN: U55101BR1987PTC002658 (herein after known as Company) is a company incorporated on 17.06.1987 under the provisions of Companies Act, 1956/ 2013 in the state of Bihar and having its registered office situated at Anand Villa, Opposite Uday Giri Apartment, Budh Marg, Patna Bihar, 800001, India as per MCA website.
The company is in default for filing its Annual Return for the financial years 2015-16 to 2020-2021 with the office of Registrar of Companies, Patna. Hence, this office has issued show cause notice for default under section 92 of the Companies Act, 2073 vide No. ROC/ PAT/SCN / 92/ 2658 / 1801-1803 dated 30.09.2022.
This office has not received any reply from the company and its directors. Hence, it appears that the provisions of Section 92 of the Companies Act, 2013 has been contravened by the company and its directors/officers and therefore they are liable for penalty t/ s 92(5) of the Companies Act, 2013.
Section 92(5):- “If a company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day during which such failure continues, subject to a maximum of two lakh rupee in case of a company and fifty thousand rupees in case of an officer who is in default”.
As per MCA record, the company has not filed its Annual Return for the financial year 2015-16 to 2020-21 till date. Hence the Company and its directors/Officers in default are liable for penalty as per section 92(5) of the Companies Act, 2013.
The noticee shall pay the amount of penalty individually for the company and its directors (out of own pocket) by way of e-payment (available on Ministry website www.mca.gov.in) under “Pay miscellaneous fees” category in MCA fee and payment Services within 90 (ninety) days of this order. The Challan/SRN generated after payment of penalty through online mode shall be forwarded to this office.
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