Penalty of Rs.13,28,350 levied by ROC on small company for Non-Filing of Annual Return

The Registrar of Companies under Ministry of Corporate Affairs has imposed Penalty of Rs.13,28,350 on small company for Non-Filing of Annual Return.

P J Buildtech Private Limited (herein after known as ‘company’) is a registered company with this office under the provisions of section 7 of the Companies Act, 2013 having its registered office as per MCA21 Registry at address 978, 1st Floor, Bhojpura Maliwara Nai Sarak, North Delhi-11006.

Fact About Case:

I. Whereas, it has been observed from e-records of the company maintained in MCA- 21 Registry that the company has not filed its due Annual Return for the Financial Year ended on 31.03.2018, 31.03.2019, 31.03.2020 and 31.03.2021 and not filed its due Financial Statement for the Financial Year ended on 31.03.2019, 31.03.2020 and 31.03.2021 as required under the provisions of section 92( 4) and section 137(1)/ (2) of the Act, respectively so far.

II. In terms of the provisions of section 92(5) and 137(3) r/w 454 of the Act, this office had issued Show Cause Notices (SCN) vide no. ROC/D/Adj/2022 /section92&137/ PJ /1271-1274 to the Company and officers in default.

III. In terms of the provisions of section 454(4) of the Act, before imposing penalty under section 454 of the Act for violation of section 92 and 137 of the Act, this office had issued an opportunity of being heard vide no. ROC/D/Adj/2021/section92&137/ PJ /2390-2393 dated 21.04.2022 was given to the company & its directors in default. No reply was received from company & officer in default, except Shri Parmjit Ghandhi who intimated this office along documentary proof that he has resigned as director w.e.f. 06.08.2018.

IV. Taking into account the facts of the case, it is noted that there is violation of section 92 for the Financial Year ended on 31.03.2018, 31.03.2019, 31.03.2020 and 31.03.2021 and for the section of 137 for the Financial Year ended on 31.03.2019, 31.03.2020 and 31.03.2021.

Adjudication of Penalty:

I. Since the subject company fulfill the requirements of a small company as define u/s 2(85) of the Act. Thus, the penalty on the subject company would be governed by Section 446B of the Act.

II. The company and its directors in default have not filed their due Annual Returns and Financial Statements pursuant to sub-section (4) of section 92 and sub-section (1) of section 137 of the Companies Act, 2013 respectively for the financial year ended on 31.03.2018, 31.03.2019, 31.03.2020 and 31.03.2021 thereby making themselves liable for penal provisions under section (5) of section 92 and sub section (3) of section 137 of the Companies Act, 2013, respectively.

III. Now in exercise of the powers conferred on the undersigned vide Notification dated 24th March 2015 and having considered the reply submitted by the noticee(s) in response to the notice issued vide ROC/D/Adj/2022/section 92 & 137/ PJ /1271-1274, hereby impose penalty on the company and its officers in default for violation of section 92(5) & 137(3) of the Companies Act, 2013 subject to the provision of section 446B of the Act, r/w section 2(85) of the Companies Act, 2013, as the company fulfill the requirement of the small company.

Order:

Names of party as mentioned in table below are hereby directed to pay the consolidated penalty amount as per the below Table. In case of parties other than company such amount is required to be paid out of their own funds.

The said amount of penalty shall be paid through online by using the website www.mca.gov.in (Misc. head) in favor of “Pay & Accounts Officer, Ministry of Corporate Affairs, New Delhi, payable at Delhi, within 90 days of receipt of this order and intimate this office with proof of penalty paid.

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, New 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: