Registrar of Companies, Karnataka
Kendriya Sadan, 2nd Floor, `E’- Wing
Koramangala, Bengaluru – 560 034
E-mail ID :roc.bangalore@mca.gov.in
F. No. ROCB/Adj. 454/Co. N o.52650/Section 12 (3) (c)/GoAudits/2022 Date: 09.11.2022
ORDER OF ADJUDICATION OF PENALTY UNDER SECTION 454 OF COMPANIES ACT 2013 READ WITH RULE 3 OF THE COMPANIES (ADJUDICATION OF PENALITES) RULES 2014 FOR VIOLATION OF PROVISIONS OF SECTION 12(3)(c) OF –HE COMPANIES ACT 2013 BY NETBASIC WEB SOLUTIONS PRIVATE LIMITED, NOW NAME CHANGED AS GOAUDITS PRIVATE LIMITED
1. Whereas the company, NETBASIC WEB SOLUTIONS PRIVATE LIMITED, now name changed as GOAUDITS PRIVATE LIMITED was incorporated on 23.02.201 u under the jurisdiction of Registrar of Companies, Bangalore’.
2 Whereas as per Section 12(3)(c) of the Companies Act, 2013, “every company shall get its name , address of its registered office and Corporate Identity Number along with telephone number, fax number, if any, e Mail and website address, if any , printed in all its business letters, bill heads, letter papers, and in all its notices and other official publications.
3 As per Section 12(8) of the Companies Act 2013, if any default is made in complying with the provisions of Section 12, the Company and every officer who is in default shall be liable to a penalty of one thousand rupees for every day during which default continues but not exceeding one lakh rupees.
4 Whereas the company has filed INC-24 for change of name from Net Basic Web Solutions Private Limited to Goaudits Private Limited on 25.08.2021 and it was noticed from the enclosed letterhead of the company that the CIN was not mentioned on the letter Head of the Company and thereby violated the provisions of Section 12(3) Companies Act, 2013 and advised to file Adjudication Application. The Company has rectified the error and GNL-1 has also been filed for adjudication by the company vide SRN T46551404 on 23.09.2021
5 Hearing was held on 19.10.2022. Shri Sreenivasulu, Chartered Accountant has appeared on behalf of the company and ma e his submissions. He was directed to submit written submissions and the company has submitted the same vide letter dated 31.10.2022.
6 It is noticed from the Balance Sheet of the company as on 31.03.2021 that the paid up capital is Rs. 1,00,000/– and turnover of the company is Rs. 1,31,78,000/- and does not hold the status of holding or a subsidiary company. Hence as No. GSR 92(E) dated 01.02.2021, the company is a small company. Therefore, imposing lesser penalty as provided in Section 446B of the Companies Act, 2013 is considered.
7. In view of the above, the undersigned in exercise of the powers vested under Section 454(3) of Companies Act 2013 !read with Rule (11) of the Companies (Adjudication of Penalties) Rules, 2014, hereby impose a token penalty as under:-
| S.No. | Particulars | Amount Rs.) |
| 1 | GOAUDITS PRIVATE LIMITED | 14,500/- |
| 2 | Shri Kopuri Ramana Venkata, Director | 14,500/- |
| 3 | Ms Bejawada Raghupathi Sowmya, Director | 14,500/- |
| Total | 43,500/- |
Further, directed that they shall pay the penalty through their own sources through MCA 21 portal within 60 days from the date of receipt of this order The company is instructed to file Form INC-28 as per provisions of the Act attaching and copy of the Adjudication order and payment challans.
8 Whereas sub-section (5) of section 454 of the Companies Act, 2013 provides that any person aggrieved by an order made by the adjudicating officer under sub-section (3) may prefer an appeal to the Regional) Director having jurisdiction in the matter and further sub-section (6) provides that every appeal under sub-section (5) shall be filed within sixty days from the date on which the copy of the order made by the adjudicating officer is received by the aggrieved person and shall be in such form, manner and be accompanied by such fees as may be prescribed.
9 Please note that as per Section 454(8)(i) of the Companies Act 2013, where a company fails to comply with the order made under sub-section (3) or hub-section (7) as the case may be, within a period of ninety days from the date of the receipt of the copy of the order, the company shall be punishable with fine which shall riot be less than twenty five thousand rupees but which may extend to five lakh rupees.
(ii) Where an officer of a company or any other person who, is in default fails to comply with the order made under sub-section (3) or sub-section (7), as the case may be, within a period of ninety days from the date of receipt of the cop/ of the order, such officer 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 shall not be less than twenty five thousand rupees but which may extend to one lakh rupees or with both.
In case of default in payment of penalty, prosecution will be filed U/s 454(8)(i) and (ii) of the Companies Act 2013 without further notice.
(SANJAY SOOD)
REGISTRAR OF COMPANIES
KARNATAKA
