MCA penalizes director for incorrect filing and certification of AOC-4
The company viz. KOSHER REALHOME PRIVATE LIMITED (hereinafter known as ‘company’) is a registered company with this office under the Companies Act, 1956 having its registered office as per MCA21 Registry at the office. No 208, Shopping 3-A, Centre, Veer Savarkar Block, Shakarpur, Delhi East Delhi DL 110092 IN. The company’s paid-up share capital of Rs. 1,00,000 is divided into 10,000 shares @10 each.
The subject company has admitted that at the time of filing e-form AOC-4 vide SRN R86029659 dated 11.10.2022 the financial statements of Ice Glory Communication Private Limited (Transferee Company) were attached.
Further, the company and officer in default submitted their reply on 1st November 2022 in response to the show because the notice was issued vide letter no. ROCIO/ Adj/2022/defective/Kosher/6185-6186 dated 18.10.2022.
As the director namely Mr. Ved Prakash having DIN: 08193407 was authorized by the board of Director for certifying the abovementioned form AOC-4 with complete and legible attachment therefore he is liable for the correctness of the content of e-form AOC-4 and enclosures attached with the same pursuant to Rule 8 of the Companies (Registration Offices And Fees) Rules, 2014.
Now in exercise of the powers conferred on me vide notification dated 24th March, 2015 and having considered the reply submitted by the noticee(s) in response to the notice issued vide latter no. ROCIO/ Adj/2022/defective/Kosher/6185-6 I 86 dated 18.10.2022 on behalf of company, I do hereby impose the penalty on the Authorised Signatory under section 450 of the Companies Act, 2013 for certify and filing incorrect e-form AOC-4 pursuant to Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014 subject to the provision of section 446 B of the Act, r/w section 2(85) of the Companies Act, 2013, as the company fulfill the requirements of the small company, as follows:-
a. The Authorised Signatory/officer is hereby directed to pay the penalty amount as per column no. ‘D’ of above Table. In case of directors such amount is required to be paid out of their own funds.
b. The Authorised Signatory/officer are hereby directed to rectify the default immediately from the date of receipt of copy of this Order.
c. The noticees shall pay the said amount of penalty through online by using the website www.mca.gov.in (Misc. head) in favor of “Pay & Accounts Officer, Ministry of Corporate Affairs, ew Delhi, payable at Delhi, within 90 days of receipt of this order, and intimate this office with proof of penalty paid.
d. Appeal against this order may be filed with the Regional Director (NR), Ministry of Corporate Affairs, B-2 Wing, 2nd Floor, Paryavaran Bhawan, CGO Complex, Lodhi Road, ew Delhi- 110003 within a period of 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 the Order. [Section 454(5) & 454(6) of the Act read with Companies (Adjudicating of Penalties) Rules, 2014].
For Official Order Download PDF Given Below: