CIN not mentioned on Company's letterhead: ROC imposes penalty:

CIN not mentioned on Company's letterhead: ROC imposes penalty The Registrar of Companies, Gujarat has imposed penalty on company for not mention CIN on Company's letterhead. M/s TANU MERCANTILE PRIVATE LIMITED (herein after referred to as "company") was incorporated on 19.01.2011 and as per record of this office presently the company is having its registered office situated at PLOT NO. 267, WARD 12-B, GANDHIDHAM, Kachchh, Gujarat, 370201, India. The CIN of the Company is U51909GJ201 IPTC097019. As per the provision of section 12(3) the Companies Act, 2013, every company is need to disclosed CIN and contact details on each and every letterhead and submission. Ministry vide letter No. F. No. 3/53/2017/CL-II dated 17.08.2017 has ordered to inquiry of the subject company u/s 206(4) of the Companies Act, 2013. During the course of Inquiry, it is observed from the financials submitted by the company for the FY 2014-15, 2015-16, 2016-17 and 2017-18 that the board reports submitted by the company to this office are not on appropriate letterhead of the company as prescribed under Section 12(3)(c) of the Act. The same is an established violation of section 12(3)(c) of the Companies Act, 2013. Hence, the company, its directors, officers in defaults are liable to be penalized under Section 12(8) of the Companies Act, 2013. 1) The office of the Registrar of Companies, Gujarat, Dadra and Nagar Haveli issued Adjudication notice under section 454 of the Companies Act 20 I 3 for violation of section 12(3)(c) of the Companies Act,. 2013 to the Company and Respondents Directors on 02.06.2023 and gave opportunity of being heard on 23.06.2023. The company vide letter dated 13.06.2023 requested to ROC Gujarat to pre-pone the date of hearing at the nearest possible dated. 2) The undersigned in exercise of power conferred under sub section 3 of section 454 of the Companies Act, 2013 fixed the date of hearing on 15.06.2023 at 12.30 PM for adjudicating penalty for violation of provision of section 12 (3) ( c) of the Companies Act, 2013. In response to the adjudication notice dated 02.06.2023 issued by the undersigned, the Company and its officer in default have authorized Shri Ashish Doshi (Practicing Company and its officer in default have authorized Shri Ashish Doshi (Practicing Company Secretary) appeared and represent before the adjudicating authority- Registrar of Companies, Gujarat on the above given date and time for oral and written submission and to all acts and things as may be necessary and incidentally in the matter. Authorize representative further submitted written reply dated 15.06.2023 which is taken on record in response to the Adjudication Notice dated 02.06.2023. Further, submitted that the company submitted its Board Report for the year 2014-15, 2015- 16 without letterhead as there is no requirement under the provisions of the Companies Act, 2013. However, the Director's Report for the year 2016-17 which is a part of Annual Report wherein e-mail ID and Contact details are missing. But the company has duly complied the provisions of Section 12 of the Companies Act, 2013 for the year 201 7-18 as due disclosure are submitted in the letterhead of the Company which is a part of Annual Report. It is further submitted that the company is a small company which falls under the ambit of section 446(B ). The Violations occurred for the year 2016-17 is not intentional and without any motive. It is further submitted that the Adjudication Notice was sent to 04 directors and one company. However, Mr. Maulin Bhavesh Acharya and Mr. Dhaval Bhavesh Acharya has already resigned on 25.02.2014, hence, they are not officers in default and their name may be deleted without imposing any penalty to them. It is further submitted that lenient view may be taken being a small a company and no penalty may be imposed. The presenting officer submitted that the Inquiry Officer (IO) while concluding his report u/s 206 of the Companies act, 2013 observed that the Financial submitted by the company for the year 2014-15 to 2017-18 the Board Report as attached therewith are not on appropriate letterhead of the Company as prescribed under 12(3)(c) of the Companies Act, 2013. The provisions of section 12(3)(c) is as under- provides that Every Company shall get its name, address of its registered office and the Corporate Identity Number along with telephone number, fax number, if any, e-mail and website addresses, if any, printed in all its business letters, billheads, letter papers and in all its notices and other official publications; and It is further submitted by the presenting officer that the company has accepted its default for the year 2016-17 and the maximum penalty to be imposed. However, the company falls under the ambit of 446(B) of the Companies Act, 2013, accordingly the Adjudication Officer has empower to impose penalty under provisions of 454 r.w. Section 12(8) of the Companies Act, 2013. Accordingly penalty may be imposed. In view of the above facts the undersigned has reasonable cause to believe that the provision. of Section 12(3)(c) of the Companies Act, 2013 has not been complied with by the Company and its officers in default. Thus, the Company and its officers in default have rendered themselves liable to be panel action as provided in sub-section (8) of section 12 of the Companies Act, 2013. Under the overall circumstances the eligible default of section 12(3)(c) in which incidence was occurred for the year 2016-17 considered as default period and accordingly the Adjudication officer has decided that the company and its officers in default shall be imposed penalty of Rs.1,10,000. The noticee shall pay the amount of penalty by way of e-payment available on Ministry website under "Pay miscellaneous fees" category in MCA fee and payment Services under Rule 3(14) of Company (Adjudication of Penalties) (Amendment) Rules, 2019 within 60 days from the date of receipt of this order and copy of this adjudication order and Challan/SR..t"i generated after payment of penalty through on line mode shall be filed in INC-28 under the MCA po1tal without further reference. For Official Order Download PDF Given Below: