The Registrar of Companies, Kolkata I, passed an adjudication order dated July 23, 2026 under Section 454 of the Companies Act, 2013 for violation of Section 450 of the Act read with Rule 12(1B) of the Companies (Accounts) Rules, 2014. Pursuant to Ministry instructions regarding CSR non-compliance, Dhan Commercial Private Limited was found to have met the thresholds under Section 135(1) for FY 2021-22 but failed to file Form CSR-2 for that financial year within the prescribed statutory timeline. A show cause notice dated July 6, 2026 was issued to the company and its directors, but no reply was received. The Adjudicating Officer imposed penalties for the violation of Rule 12(1B) read with Section 450, levying ₹2,00,000 on Dhan Commercial Private Limited and ₹50,000 each on directors Kaushik Dhanuka and Anjani Dhanuka. The company and officers were directed to rectify the default, pay the penalties within 90 days through the MCA e-Adjudication facility, and were informed of their right to appeal before the Regional Director, Kolkata, within 60 days.
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/07-2026/WB/02578 Dated: 23/07/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 450 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 DHAN COMMERCIAL PRIVATE LIMITED [herein after known as Company] bearing CIN U51909WB1996PTC077199, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 2/2, SARAT BOSE ROAD NA KOLKATA KOLKATA WEST BENGAL INDIA 700020
Individual details:
In the matter relating to KAUSHIK DHANUKA ——————-
In the matter relating to ANJANI DHANUKA ——————-
C. Provisions of the Act:
If a company or any officer of a company or any other person contravenes any of the provisions of this Act or the rules made thereunder, or any condition, limitation or restriction subject to which any approval, sanction, consent, confirmation, recognition, direction or exemption in relation to any matter has been accorded, given or granted, and for which no penalty or punishment is provided elsewhere in this Act, the company and every officer of the company who is in default or such other person shall be 1[liable to a penalty of ten thousand rupees, and in case of continuing contravention, with a further penalty of one thousand rupees for each day after the first during which the contravention 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 or any other person]
D. Facts about the case:
1. Default committed by the officers in default/noticee – As per Ministry’s instruction regarding CSR Non-compliance the Company has been flagged for not filing Form CSR-2 for the said financial year (2021-22) within the prescribed statutory timeline.
As Rule 12(1B) of Companies (Accounts) Rules, 2014 states that: In terms of Rule 12(1B) of the Companies (Accounts) Rules, 2014, Every company covered under the provisions of sub-section (1) to section 135 shall furnish a report on Corporate Social Responsibility in Form CSR-2 to the Registrar for the preceding financial year (2021-22) and onwards as an addendum to Form AOC-4 or AOC-4 XBRL or AOC-4 NBFC (Ind AS), as the case may be:]
As per Section 450 of the Companies Act, 2013:- Under Section 450, If a company or any officer of a company or any other person contravenes any of the provisions of this Act or the rules made thereunder, or any condition, limitation or restriction subject to which any approval, sanction, consent, confirmation, recognition, direction or exemption in relation to any matter has been accorded, given or granted, and for which no penalty or punishment is provided elsewhere in this Act, the company and every officer of the company who is in default or such other person shall be 1[liable to a penalty of ten thousand rupees, and in case of continuing contravention, with a further penalty of one thousand rupees for each day after the first during which the contravention 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 or any other person].
2. E-Hearing not Requested
E. Order:
1. As per Ministry’s instruction regarding CSR Non-compliance it is observed that the Company met the thresholds specified under Section 135(1) for the Financial Year 2021-22. However, the Company has failed to file Form CSR-2 for the said financial year (2021-22) within the prescribed statutory timeline.
Show Cause notice vide SCN/ADJ/07-2026/WB/04985 dated 06/07/2026 was issued to the Company and its Directors. However, no reply was received.
As Rule 12(1B) of Companies (Accounts )Rules, 2014 states that : In terms of Rule 12(1B) of the Companies (Accounts) Rules, 2014, Every company covered under the provisions of sub-section (1) to section 135 shall furnish a report on Corporate Social Responsibility in Form CSR-2 to the Registrar for the preceding financial year (2020-2021) and onwards as an addendum to Form AOC-4 or AOC-4 XBRL or AOC-4 NBFC (Ind AS), as the case may be.
As per Section 450 of the Companies Act, 2013:- Under Section 450, If a company or any officer of a company or any other person contravenes any of the provisions of this Act or the rules made thereunder, or any condition, limitation or restriction subject to which any approval, sanction, consent, confirmation, recognition, direction or exemption in relation to any matter has been accorded, given or granted, and for which no penalty or punishment is provided elsewhere in this Act, the company and every officer of the company who is in default or such other person shall be 1[liable to a penalty of ten thousand rupees, and in case of continuing contravention, with a further penalty of one thousand rupees for each day after the first during which the contravention 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 or any other person].
In exercise of the powers conferred under Section 454 of the Companies Act, 2013, the undersigned hereby imposes penalty for violation of Rule 12(1B) of Companies (Accounts )Rules, 2014 read with Section 450 of the Companies Act, 2013, as under:
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 | DHAN COMMERCIAL PRIVATE LIMITED having CIN as U51909WB1996P TC077199 | 200000 | 0 | 200000 | |
| 2 | KAUSHIK DHANUKA having DIN as 00419083 | 50000 | 0 | 50000 | |
| 3 | ANJANI DHANUKA having DIN as 00419587 | 50000 | 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
