MCA Imposes Penalty on SRN BPO SERVICES PRIVATE LIMITED for Non-filing of INC-20A Declaration
In a recent adjudication proceeding under Section 454 and Sub-section (1)(a) of Section 10A of the Companies Act, 2013, the Ministry of Corporate Affairs (MCA) has imposed penalties on SRN BPO SERVICES PRIVATE LIMITED for failing to file the INC-20A declaration within the stipulated timeframe. The order, issued by the Adjudicating Officer at the Registrar of Companies cum Official Liquidator, Chhattisgarh, highlights the company’s non-compliance and the subsequent penalties imposed.
1. Appointment of Adjudicating Officer: The Adjudicating Officer, appointed by the Ministry of Corporate Affairs through Gazette Notification No. A-42011/112/2014-Ad.II dated March 24, 2015, exercised powers conferred by Section 454 of the Companies Act, 2013, to adjudicate penalties under the provisions of the Act.
2. Company Details: SRN BPO SERVICES PRIVATE LIMITED, incorporated on December 8, 2020, with its registered address at W.No.35 Near Gauthan, Sanjay Nagar, Lakholi-Rajnandgaon CT 491441, India, faced penalties for non-compliance related to the filing of the INC-20A declaration.
3. Facts about the Case: The company, being incorporated on December 8, 2020, was required to file the INC-20A declaration within 180 days of incorporation, i.e., by June 7, 2021. However, as per the records available on the MCA portal, the company failed to file the declaration as mandated by Section 10A r/w Rule 23A of the Companies (Incorporation) Rules, 2014.
4. Show Cause Notice, Reply, and Personal Hearing: Upon observing the non-compliance, the Adjudicating Officer issued a Show Cause Notice to the company and its officers in default. Despite the opportunity for a response, no reply was received. A Notice of Inquiry was then issued, setting a date for a hearing on October 11, 2023, at the Registrar of Companies, Chhattisgarh.
5. Imposition of Penalties: During the scheduled hearing, none of the representatives for the company and its officers in default appeared. In the absence of a response, the Adjudicating Officer proceeded with the matter. The penalty for non-compliance with Section 10A(1)(a) of the Companies Act, 2013, was imposed for the period from June 8, 2021, to October 11, 2023.
6. Order: The Adjudicating Officer concluded that the company and its officers in default are liable for penalties as per Section 10A(2) of the Companies Act, 2013. The penalties imposed are as follows:
- SRN BPO SERVICES PRIVATE LIMITED: Penalty of Rs. 50,000 for the period of default.
- Neha Sahu (Director): Penalty of Rs. 1,00,000 for the period of default.
- Ravi Prakash Jaiswar (Director): Penalty of Rs. 1,00,000 for the period of default.
The company and officers in default are directed to pay the penalty through the MCA website within 90 days of receiving the order. The order also emphasizes the consequences of non-payment, including fines and potential imprisonment for non-compliance.
7. Appeal and Rectification: The company and its directors have the option to file an appeal within sixty days of receiving the order with the Hon’ble Regional Director (NWR), Ministry of Corporate Affairs, Ahmedabad. Additionally, they are directed to rectify the default immediately by filing form INC 20A in accordance with Section 454(3)(b) of the Companies Act, 2013.
This order serves as a reminder to companies to adhere to statutory timelines and fulfill regulatory requirements to avoid penalties and legal consequences.
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BEFORE THE ADJUDICATING OFFICER
REGISTRAR OF COMPANIES CUM OFFICIAL LIQUIDATOR, CHHATTISGARH
In the matter of Companies Act, 2013
And
In the matter of adjudication proceeding under Section 454
And
Sub-section (1)(a) of Section 10A of the Companies Act, 2013.
And
In the matter of SRN BPO SERVICES PRIVATE LIMITED
(CIN: U74999CT2020PTC011016)
Date of Hearing: 11/10/2023
1. SRN BPO SERVICES PRIVATE LIMITED
No.35 Near Gauthan, Sanjay Nagar
Lakholi-Rajnandgaon CT 491441 India.
2. NEHA SAHU (Director)
3. RAVI PRAKASH JAISWAR (Director)
…….. Respondents
1. Appointment of Adjudicating Officer: –
Ministry of Corporate Affairs vide its Gazette Notification No A-42011/112/2014-Ad.II dated 24.03.2015 appointed undersigned as Adjudicating Officer in exercise of the powers conferred by section 454 of the Companies Act, 2013 read with Companies (Adjudication of Penalties) Rules, 2014 for adjudging penalties under the provisions of this Act.
2. Company: –
Whereas Company SRN BPO SERVICES PRIVATE LIMITED (CIN: U74999CT2020PTC011016) [herein after referred as Company] incorporated on 08/12/2020 is a registered company with this office under the provisions of Companies Act, 2013, having its registered address at W.No.35 Near Gauthan, Sanjay Nagar, Lakholi-Rajnandgaon CT 491441 India.
Further, financial, and other details of the subject company for immediately preceding financial year as available on MCA-21 Portal is as under:
| S. No. | Particulars | Details |
| 1. | Paid up capital as on date | 1,00,000 |
| 2. | Turnover: | Annual return has not been filed; hence, it could not be ascertained. |
| 3. | Whether any holding company | Annual return has not been filed; hence, it could not be ascertained. |
| 4. | Whether any subsidiary company | Annual return has not been filed; hence, it could not be ascertained. |
| 2. | Whether company registered under Section 8 of the ACT? | NO |
| 3. | Whether company registered under any other Special Act? | NO |
| 4. | Whether company is a small company? | NO |
| 5. | Whether company is a one-person company? | NO |
| 6. | Whether company is a producer company? | NO |
| 7. | Whether Section 446B is applicable to the company? (Lesser penalties for certain companies) |
NO |
3. Facts about the case: –
It is observed from the record of the company available on the record room of the e-registry of Ministry of Corporate Affairs, Government of India, on MCA portal that the subject company was incorporated on 08/12/2020 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 07/06/2021 (herein after referred to be the “due date”) i.e., within a period of 180 days of the date of incorporation.
Whereas it is observed from MCA record that the company has not filed Declaration at the time of commencement of business in form no. INC-20A, as per Rules 23A 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.
Show cause notice, reply and personal hearing: –
4. Therefore, for the above-mentioned violation this office has issued Show cause notice to the company and its officers in default vide this office letter No. ROC-cum-OL-C.G./SCN/Sec.10A(1)/011016/2023/836 to 838 dated 08.08.2023 u/s 10A of the Companies Act, 2013.
5. Further no reply to the aforesaid show cause notices were received from the company and its officers in default. Therefore, for providing an opportunity of being heard, a “Notice of Inquiry” vide this office letter No. ROC-cum-OL-CG./SCN/Sec.10A(1)/ 011016/2023/1215 to 1217 dated 22/09/2023 was issued to the Company and its officers in default and the date of hearing was fixed on 11/10/2023, in the 0/o Registrar of the Companies, Chhattisgarh, Ist Floor, Late Shri Ashok Pingley Bhawan of Municipal Corporation Nehru Chowk, Bilaspur, Chhattisgarh-495001.
6. None appeared for the Company and its officers in default on the date so fixed, despite providing them reasonable opportunities of being heard. Hence as per Rule 3(11), Companies (Adjudication of Penalties) Rules 2014, the matter is being proceeded with in the absence of such persons.
7. Therefore, in view of the above 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, I do hereby impose penalty in the following manner on the company and all the officers in default during the period of offence committed from 08/06/2021 (181st day from date of incorporation) to 11/10/2023 (Date of hearing before Adjudicating officer).
Order
In view of the above, 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 non-compliance of section 10A(1) of the Companies Act 2013, for 855 i.e., with effect from 08/06/2021 (181st day from date of incorporation) to 11/10/2023 (Date of hearing before Adjudicating officer) in terms of Section 10A(2) of the Companies Act, 2013.
Accordingly, I am inclined to impose penalty as prescribed under Section 10A(2) of the Companies Act, 2013. The details of the penalty imposed on the company and officers in default are shown in the table below:
| Nature of Default | Relevant section under the Companies Act,2013 | Name of persons on whom penalty is imposed | No. of days of default |
Penalty for default as per sec 10A(2) | Total default amount |
Maximum Penalty | Final Penalty imposed |
| Non
filing of Declarati on. |
10A(1) & 10A(2) |
ON COMPANY | 855 | 50000 | 50000 | 50000 | 50000 |
| NEHA SAHU (DIRECTOR) | 855 | 1000 per day |
855000 | 1,00,000 | 100000 | ||
| RAVI PRAKASH jAISWAR (DIRECTOR) | 855 | 1000 per day |
855000 | 1,00,000 | 100000 |
I. I am of the opinion that penalty is commensurate with the aforesaid failure committed by the Noticees and penalty so imposed upon them shall be paid from their personal sources/ income.
II. The company and officers in default shall pay the said amount of penalty through online mode by using the website www.mca.gov.in (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.
III. 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 www.mca.gov.in 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 (Adjudication of Penalties) Rules 2014).
IV. Your attention is also invited to Section 454(8)(i) and 454(8)(ii) of the Companies Act, 2013, which state that in case of non-payment of penalty amount ,the company shall be punishable with fine which shall not be less than twenty five thousand rupees but which may extend to five lakh rupees and officer in default shall be punishable with imprisonment which may extend to six months or with fine which shall not be less than twenty five thousand rupees but which may extend to one lakh rupees or both.
V. The company and its directors are hereby directed to rectify the default immediately on the date of receipt of copy of this order and file form INC 20A in terms of section 454(3)(b) of the Companies Act 2013.
In terms of the provisions of sub-rule (9) of Rule 3 of the Companies (Adjudication of Penalties) Rules 2014, copy of the order is being sent to:
1. SRN BP0 SERVICES PRIVATE LIMITED
No.35 Near Gauthan, Sanjay Nagar
Lakholi-Rajnandgaon CT 491441 India.
2. NEHA SAHU (Director)
3. RAVI PRAKASH JAISWAR (Director)
4. Regional Director (NWR), Ahmedabad
5. Guard File
6. And will also be uploaded on MCA Website.
The adjudication notice stands disposed of with this order.
Sitaram Sharan Gupta
Adjudicating officer
Registrar of Companies Chhattisgarh-
Bilaspur
Signed on this 22day of December 2023
Place: Bilaspur, Chhattisgarh.
