Heavy Penalty on Nidhi Company for Failure to File Annual Return with ROC

The Registrar of Companies, Kanpur imposed penalties for failure to file annual returns in violation of Section 92 of the Companies Act, 2013. An inquiry revealed that the company had not filed its annual returns for multiple financial years, including the year ended 31 March 2019, constituting non-compliance with Section 92(4). Despite issuance of a show cause notice, neither the company nor its officers in default submitted any response or sought a hearing. In the absence of any explanation, the Adjudicating Officer proceeded to impose penalties under Section 92(5). A penalty of ₹2,00,000 was levied on the company, while penalties of ₹50,000 each were imposed on four officers in default. Directions were issued to rectify the default by filing the pending annual return and to pay the penalties within the prescribed period. The order reiterates that timely filing of annual returns is a fundamental statutory obligation and that prolonged non-compliance attracts maximum penalties under the Companies Act.

GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Kanpur
Registrar of Companies, 37/17, Westcottt Buidling, The Mall, Kanpur, Uttar Pradesh, India, 208001
Phone: 0512-2310443,2310227,2310323
E-mail: roc.kanpur@mca.gov.in

Order ID: PO/ADJ/12-2025/KN/01225 Dated: 16/12/2025

ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 92(5) OF THE COMPANIES ACT, 2013.

A. Appointment of Adjudicating Officer:

Ministry of Corporate Affairs vide its Gazette notification number S.O. 831(E) dated 24/03/2015 appointed undersigned as Adjudicating Officer in exercise of the powers conferred by section 454 of the Companies Act, 2013 [herein after known as Act] read with Companies (Adjudication of Penalties) Rules, 2014 for adjudging penalties under the provisions of this Act.

B. Company details:

In the matter relating to JANHIT BENEFIT NIDHI (INDIA) LIMITED [herein after known as Company] bearing CIN U65191UP2016PLC077383, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at KUTUBPUR CHANAURA, KUTUKPUR CHUNAURAR MUIDDINPUR NA FIROZABAD UTTAR PRADESH INDIA 283203

Individual details:

In the matter relating to SANJEET YADAV——

In the matter relating to VIMAL KUMAR YADAV——-

In the matter relating to UMA SHANKAR KUSHWAHA ——-

In the matter relating to JAY PRAKASH SHARMA——

C. Provisions of the Act:

If any 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 further penalty of one hundred rupees for each day during which such failure continues, subject to a maximum of two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is in default.

D. Facts about the case:

1. Default committed by the officers in default/noticee – SCA MCA vide letter dated 10.04.2020 directed to conduct the Inquiry u/s. 206(4) of the Companies Act, 2013. During the Couse of Inquiry, Inquiring Officer has observed/pointed out that ?It has been observed from the MCA21 Registry that the Company has not filed its Annual Return from Financial Year 2017­18 to 2019-20, Hence it is noncompliance of Section 92(4) of the Companies Act, 2013. Therefore, the company has violated Section 92(4) of the Companies Act, 2013 respectively penal action as contemplated under Section 92(5) of the Companies Act, 2013 may be initiated against the Company and its officers in default for violation of Section 92(4) of the Companies Act, 2013?. The said violation was reported by the Inquiring Officer in his report dated 13.05.2021. Accordingly, the office of RDNR vide its No. TS/KANP/JANHIT/2021/8067 dated 18.10.2021 directed this office to take necessary action for non-compliance of section 92(4) of the Companies Act, 2013 for the financial year 31.03.2019.

2. Neither any response has been received from the company and its officers-in-default nor any request of hearing received in this regard.

E. Order:

1. This office issued Show Cause Notice on 26.06.2025 to the company and its officer-in-default for not filing the Annual Return for the year ending as at 31.03.2019. More than 30 days have expired, no response has been received till date. The company and its officer-in default have also not requested for hearing. In the said circumstances, penalty as mentioned below is being imposed upon the company as well as its officer-in default as per Section 92 (5) Companies Act, 2013.

2. The details of penalty imposed on the company, officers in default and others are shown in the table below:

3. The notified officers in default/noticee shall rectify the default mentioned above and pay the penalty, so applicable within 90 days of receipt of the order.

4. The notified officers in default/noticee shall pay the penalty amount via ‘e-Adjudication’ facility which can be accessed through the respective login IDs on the website of Ministry of Corporate Affairs and upload the copy of paid challan / SRN of e-filing (if applicable) on the ‘e-Adjudication’ portal itself. It is also directed that the penalty so imposed upon the officers in default shall be paid from their personal sources/income.

5. Appeal against this order may be filed in writing with the Regional Director, RD Noida within a period of sixty days from the date of receipt of this order, in Form ADJ setting for 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 (Adjudication of Penalties) Rules, 2014].

6. For penal consequences of non-payment of penalty within the prescribed time limit, please refer Section 454(8) of the Companies Act, 2013.

Himanshu Shekhar,
Registrar of Companies
ROC Kanpur