The Registrar of Companies, Kolkata imposed penalties under Section 454 of the Companies Act, 2013 against Pingal Sales Private Limited and its directors for failure to file annual returns from the financial year 2019-20 onwards, thereby violating Section 92(4) of the Companies Act. The adjudicating authority noted that the company admitted the default in its reply and stated that the filings were under process. After examining records available on the MCA portal, the ROC concluded that the company had continued to remain in default despite issuance of show cause notice. Consequently, a penalty of ₹1,00,000 was imposed on the company, while penalties of ₹25,000 each were imposed on the two directors treated as officers in default. The noticees were directed to rectify the default and pay penalties within 90 days, with liberty to file an appeal before the Regional Director, Kolkata under Section 454 of the Act.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Kolkata I
4th Floor Plot No.IIIF/16, in AA-IIIF Rajarhat, New Town, Akandakeshari, Kolkata, West Bengal, India, 700135
Phone: 033-22877390, E-mail: roc.kolkata@mca.gov.in
Order ID: PO/ADJ/05-2026/WB/02158 Dated: 16/05/2026
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. 698(E) dated 10/02/2026 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 PINGAL SALES PRIVATE LIMITED [herein after known as Company] bearing CIN U51109WB2007PTC114316, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 7, GRANT LANE, 2ND FLOOR, ROOM NO.- 218 NA KOLKATA KOLKATA WEST BENGAL INDIA 700012
Individual details:
In the matter relating to BIJAY SINGH ——-
In the matter relating to BOTUK SINGH —–
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 –
IO?s Observation:
However, as per the data available at MCA Portal, it is observed that the Company has not filed its Annual Return from the
Financial years 2019-20 with the Registrar of Companies, West Bengal thereby leading to violation of the provision of
Section 92(4) of the Companies Act, 2013.
Company?s Reply:
The Company is in the process of filing of Annual Return from the financial year 2019-20. The same will be provided once uploaded.
IO’s Conclusion:
The Company in its reply has admitted the said violation of the CA,2013.
2. E-Hearing NOT Requested
E. Order:
1. As per Section 92(4) of the Companies Act, 2013, “Every company shall file with the Registrar a copy of the annual return, within sixty days from the date on which the annual general meeting is held or where no annual general meeting is held in any year within sixty days from the date on which the annual general meeting should have been held together with the statement specifying the reasons for not holding the annual general meeting, with such fees or additional fees as may be prescribed, within the time as specified, under Section 403.
As per available records it is observed that the company has not filed it’s Annual Return for the financial year 2019-20. Show Cause issued to the Company and Officers in default. Company and its Directors have not submitted any reply. In exercise of powers under proviso to section 454(3)(c) of the Act the undersigned hereby imposes penalty as below:
2. The details of penalty imposed on the company, officers in default and others are shown in the table below:
| (A) | Name of person on whom penalty imposed (B) | Rectification of Default required (C) | Penalty Amount (D) | Additional Penalty (E) (*Per day of continuing default i.e. date of rectification of default less order issue date) | Maximum limit for Penalty (F) |
| 1 | PINGAL SALES PRIVATE LIMITED having CIN as U51109WB2007P TC114316 | 100000 | 0 | 200000 | |
| 2 | BIJAY SINGH having DIN as 07025253 | 25000 | 0 | 50000 | |
| 3 | BOTUK SINGH having DIN as 07025622 | 25000 | 0 | 50000 |
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 Kolkata 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.
Arya Pyarelal,
Registrar of Companies
ROC Kolkata I
