Company and Director Penalised Over Making Two Major Mistakes in Form AOC-4: ROC:

Company and Director Penalised Over Making Two Major Mistakes in Form AOC-4: ROC The Registrar of Companies (ROC) Kolkata has penalised Durgapur Projects Limited and its director for contravening provisions of Section 450 of the Companies Act 2013. The ROC had initiated action against the accused company and concerned officials over mistakes made in the e-form AOC-4 filing for the Financial Year 2024-25 (Assessment Year 2025-26). According to Rule 8(3) of the Companies (The Registration Offices and Fees) Rules, 2014, both the authorised signatory and the professional are responsible for the correctness of Form AOC-4 and the enclosures (documents) attached to it. However, the company had inadvertently made two major mistakes in the e-form.

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First mistake: In Point (VIII) of the Statement of Profit and Loss (Segment II: Information and Particulars in respect of Profit and Loss Account), the figure of Rs 13.41 crore ideally should have been disclosed as a negative amount; however, it was accidentally disclosed as positive. Second mistake: The company had mistakenly uploaded the PDF version of the XML file belonging to the Cost Audit Report for the FY 2024-25 in the place of the duly signed and scanned PDF copy of the Audited Financial Statements. Thereafter, the company had filed Form No. GNL-1 vide SRN: AB9322570, along with Board resolution, affidavit and letter request to mark the approved e-form AOC-4 as defective, acknowledging the mistakes made by them.

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The ROC observed that these errors amounted to non-compliance with the filing requirements prescribed under the Companies Act 2013 and the related rules. Consequently, a penalty amounting to Rs 10,000 has been imposed on the company, Durgapur Projects Limited and Rs 10,000 on its director named Aloke Kumar Sinha. They have been directed to pay the imposed penalty amount and rectify the error within 90 days of receiving the order. Additionally, if the company is dissatisfied with the aforesaid ROC's order, it is allowed to challenge the same before the Regional Director, RD Kolkata, within 60 days of receiving the order. Refer to the official ROC order for complete information.