ROC Levies penalty of Rs. 2.75L for Non-Filing of Form INC 20A [Read Order]

The Registrar of Company in the matter PREMNAGAR ORGANIC PRODUCER COMPANY LIMITED has levied penalty of Rs. 2.75L for Non-Filing of Form INC 20A.

Company PREMNAGAR ORGANIC PRODUCER COMPANY LIMITED (CIN: U01100CT2020PTC009892) [herein after referred to as Company] incorporated on 20/01/2020 is a registered company with this office under the provisions of the Companies Act, 2013, having its registered address at H. No. 138, Nawapara Kalan, Surajpur, Premnagar-Surguja CT 497333 India.

Facts about the case:

It is observed from the retard of the company available on the record room of the e­registry of Ministry of Corporate Affairs, Government of India, on the MCA portal that the subject company was incorporated on 1/20/2020 and therefore the mandate contended u/s 10A r/w rule 23A of the Companies (Incorporation) Rules, 2014, the prescribed e-form i.e., INC-20A was required to be filed by the company latest by 7/19/2020 (herein after referred to be the “due date11) i.e., within a period of 180 days of the date of incorporation.

Whereas it is observed from the MCA record that the company has not filed a Declaration at the time of commencement of business in form no. INC-20A, as per Rules 23A of the Companies (Incorporation) Rules, 2014 till date. Therefore, for such default the company and every officer who is in default are liable for the penalty u/s 10A of the Act.

Therefore, for the above-mentioned violation this office has issued a Show cause notice to the company and its officers in default vide this office letter No. ROC-cum-OL­C.G./ SCN /Sec. 10A(1)/ 009892/ 2023/ 784 to 789 dated 08.08.2023 u/s 10A of the Companies Act, 2013.

Further, no reply to the aforesaid show cause notices were received from the company and its officers in default. Therefore, to provide an opportunity to be heard, a “Notice of Inquiry” vide this office letter No.ROC-cum-OL-CG./ SCN/ Sec.10A(1)/ 009892/ 2023/ 1163 to 1168 dated 22/09/2023 was issued to the Company and its officers in default and the date of hearing was fixed on 10/10/2023, in the O/o Registrar of the Companies, Chhattisgarh, Ist Floor, Late Shri Ashok Pingley Bhawan of Municipal Corporation Nehru Chowk, Bilaspur, Chhattisgarh-495001.

All the directors of the company appeared in person before the Adjudicating Officer on the date so fixed for the hearing and submitted that they were not aware of that they have to file the form INC 20A, therefore they have not filed the same.

In view of the above submissions made by directors and available records on the MCA portal, it is concluded that provisions of section 10A(1) (a) of the Companies Act, 2013 read with section 10(2) of the Act have been violated by the company and its officers in default. Therefore, in view of the said violation of non-filing of declaration under the provisions of section 10A(1)(a) of the Companies Act, 2013 read with section 10(2) of the Act, and in exercise of the powers vested under Section 454(3) of the Companies Act 2013, Hereby impose penalty in the following manner on the company and all the officers in default during the period of offence committed from 20/07/2020 (181st day from date of incorporation) to 10/10/2023 (Date of hearing before Adjudicating officer).

Order:

In view of the above, as it is concluded that the Company and its officers in default are liable for penalty as prescribed under Section 10A(2) of the Act for non­compliance of section 10A(1) of the Companies Act 2013, for 1177 i.e., with effect from 20/07/2020 (181st day from date of incorporation) to 10/10/2023 (Date of hearing before Adjudicating officer) in terms of Section 10A(2) of the Companies Act, 2013.

Accordingly, a penalty of Rs. 2.75 Lakh was imposed as prescribed under Section 10A(2) of the Companies Act, 2013.

The penalty is commensurate with the aforesaid failure committed by the Noticees and the penalty so imposed upon them shall be paid from their personal sources/ income.

The company and officers in default shall pay the said amount of penalty through online mode by using the website (Misc. head) specifying the details of this order and the name of the noticee who is paying the penalty pursuant to Rule 3(14) of Company (Adjudication of Penalties) (Amendment), Rules, 2019, within 90 days of receipt of this order. Further the company shall file form INC-28 attaching a copy of order and payment challans.

Appeal against this order may be filed in writing with the Hon’ble Regional Director (NWR), Ministry of Corporate Affairs, Ahmedabad within a period of sixty days from the date of receipt of this order, in Form ADJ (available on Ministry website setting forth the grounds of appeal and shall be accompanied by a certified copy of this order. (Section 454(5) & 454( 6) of the Act read with Companies (Adjudicating of Penalties) Rules, 2014).

For Official Order Download PDF Given Below: