ROC Imposes Penalty for Non-Filing of Annual Return Under Section 92:

ROC Imposes Penalty for Non-Filing of Annual Return Under Section 92 The Registrar of Companies (ROC), Chhattisgarh, imposed a penalty on Shree Banke Bihari Infracon Pvt Ltd and its officers in default for not filing its annual return for the financial year 2023-24. From the records of the Registrar’s office, ROC found that the company did not file its Annual Return for the financial year 2023-24 within the time limit prescribed under law. Even till now, the company has not filed the required form (MGT-7 / MGT-7A). Because of this continuous failure, the company and its responsible officers have violated Section 92(4) of the Companies Act, 2013. This violation attracts a penalty under Section 92(5) of the Act.

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The Registrar had issued show cause notices to the company and its officers through Email and Speed Post. However, no reply was received, and no request for an e-hearing was made. Therefore, the Adjudicating Officer decided that no hearing was necessary in this matter. After reviewing the records on the MCA portal, it was confirmed that the company has failed to comply with the statutory requirements of Section 92(4) of the Companies Act, 2013. Since the company and its officers did not meet their legal responsibility under Section 92(4) and continued to remain non-compliant, they are considered to have violated the Companies Act, 2013. As a result, they are legally liable for punishment.

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Therefore, the Adjudicating Officer has decided to impose a penalty under Section 92(5) of the Companies Act, 2013, on the company and the officers who were responsible for compliance.