Ministry of Corporate Affairs in matter of M/ s. Angel Gems And Jewellery Private Limited has levied Penalty of more than Rs.5 Lakhs for Non-Filing of ROC Annual Return.
Reetu | May 20, 2023 |
MCA levies Penalty of more than Rs.5 Lakhs for Non-Filing of ROC Annual Return
The Ministry of Corporate Affairs(MCA) in the matter of M/ s. Angel Gems And Jewellery Private Limited has levied Penalty of more than Rs.5 Lakhs for Non-Filing of ROC Annual Return.
Company M/ s. Angel Gems And Jewellery Private Limited, CIN: U74999BR2011PTC038519 (herein after known as Company) is a company incorporated on 22.11.2011 under the provisions of Companies Act, 1956/2013 in the state of Bihar and having its registered office situated at Hanuman Chowk, Gangajala, Saharsa, Bihar, 852201, India as per MCA website.
The company is in default for filing its Annual Return for the financial years 2016-2017 and 2019-2020 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, 2013 vide No. ROC/PAT /SCN/92/38519 /1419-1423 dated 06.09.2022.
Whereas, 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 u/ s 92(5) of the Companies Act, 2013.
Whereas, this office had issued “Notice for Hearing” vide No. ROC/PAT/SCN/92/38519/1765- 1769 dated 29.09.2022 to the company and directors/ officers in default to appear personally or through authorized representative under Rule 3(3), Companies (Adjudication of Penalties) Rules, 2014 on 17.10.2022 at 11.30 AM and also to submit their response, if any, one working day prior to date of hearing i.e. 14.10.2022.
That, on the date of hearing, neither anyone appeared for hearing nor any reply has been received. As per MCA record, the company has not filed its Annual Return since its incorporation 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.
Having considered the facts and circumstances of the case, and after taking into account the factor above, hereby a penalty imposed on Company, and its Directors totaling of Rs.5,19,800 under section 92(5) of the Act for failure in compliance of section 92(4) of the Companies Act, 2013 for the financial years 2016, 2017 and 2019-2020.
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.
Appeal against this order may be filled in writing with the Regional Director (ER), Ministry of Corporate Affairs, Kolkata, within a period of 60 (sixty) days from the date of receipt of this order, in Form ADJ (available on ministry website www.mca.gov.in) setting forth the grounds of appeal and shall be accompanied by a certified copy of this order {Section 454(5) & 454(6) of the Act read with Companies (Adjudication of Penalties) Rules, 2014}.
For Official Order Download PDF Given Below:
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