MCA imposes Penalty of Rs 218400 on Directors for Non-Filing of Annual Return

MCA imposes Penalty of Rs 218400 on Directors for Non-Filing of Annual Return

Reetu | Nov 23, 2022 |

MCA imposes Penalty of Rs 218400 on Directors for Non-Filing of Annual Return

MCA imposes Penalty of Rs 218400 on Directors for Non-Filing of Annual Return

The Ministry of Corporate Affairs (MCA) has imposed penalty of Rs.218400 on Directors for Non-Filing of Annual Return.

Company M/s. Abhineet Nursing Homes And Laparoscopic Centre Private Limited, CIN: U74120BR2009PTC015125 (herein after known as Company) is a company incorporated on 18.12.2009 under the provisions of Companies Act, 1956 in the state of Bihar and having its registered office situated at M/s Abhineet Nursing Homes And Laparoscopic Centre Private Limited, Professors Colony, West Gaya, Bihar- 823001, India as per MCA website.

FACTS & FINDING:

The company is in default for filing its Annual Return for the financial years 2018-2019 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/92/15125/535-536 dated 27.06.2022

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.

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”.

This office had issued “Notice for Hearing” vide No. ROC/PAT /SCN/92/15125/1897-1899 dated 21.10.2022 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 14.11.2022 at 12.30 PM and also to submit their response, if any, one working day prior to date of hearing i.e. 11.11.2022.

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 for the financial year 2018-19. Hence the Company and its directors/Officers in default are liable for penalty as per section 92(5) of the Companies Act, 2013.

ORDER:

Having considered the facts and circumstances of the case, and after taking into account the factors above, I hereby impose a penalty of Rs.218400 on Company, and its Directors as per Table Below under section 92(5) of the Act for failure in compliance of section 92(4) of the Companies Act, 2013 for the financial years 2018-19.

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.

For Official Order Download PDF Given Below:

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