Company is in default for filing its Annual Return since its incorporation with the office of Registrar of Companies, Patna. Hence, this office has issued show cause notice for default under section 92 of the Companies Act, 2013 vide No. ROC/PAT/SCN/ 92/ 22431/693¬695 dated 22.07.2022.
Whereas, this office has not received any reply from the company and its directors. Hence, it appears that the provisions of Section 92 of the Companies Act, 2013 has been contravened by the company and its directors/officers and therefore they are liable for penalty u/s 92(5) of the Companies Act, 2013.
That, on the date of hearing, neither anyone appeared for hearing nor any reply has been received. As per MCA record, the company has not filed its Annual Return since its incorporation till date. Hence the Company and its directors/Officers in default are liable for penalty as per section 92(5) of the Companies Act, 2013.
MCA impose a penalty of Rs. 10,21,800 (Ten Lakhs Twenty-One Thousand and Eight Hundred) on Company, and Rs. 361,200 (Three Lakhs Sixty-one Thousand Two Hundred) each on the 2 (two) Directors of the company under section 92(5) of the Act for failure in compliance of section 92(4) of the Companies Act, 2013 for the financial years 2014¬15, 2015-16, 2016-17, 2017-18, 2018-19, 2019-20, 2020-2021 and 2021-2022.
Government of India
Ministry of Corporate Affairs
Office of the Registrar of Companies, Bihar-Cum-Official Liquidator, High Court, Patna
4th Floor, ‘A’ Wing, Maurya Lok Complex
Dakbunglow Road, Patna-800001
Order No. ROC/PAT/SCN/92/22431/2325-2328 Date: 23.12.2022
Order for penalty for violation of section 137 of the Companies Act, 2013
HOTEL HOLY CREST BODHGAYA PRIVATE LIMITED
ON: U74900BR2014PTCO22431
Appointment of Adjudication Officer:–
1. The Ministry of Corporate Affairs vide its Gazette Notification No. A-42011/112/ 2014- Ad.II dated 24.03.2015 has appointed the undersigned as Adjudicating Officer in exercise of the powers conferred under 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.
Company:–
2. Whereas, Company M/s. Hotel Holy Crest Bodhgaya Private Limited, ON: U74900BR2014PTCO22431 (herein after known as Company) is a company incorporated on 18.06.2014 under the provisions of Companies Act, 1956/2013 in the state of Bihar and having its registered office situated at 3, Circular Road Patna, Bihar 800001, India as per MCA website.
Facts about the case:-
3. Whereas, the company is in default for filing its Annual Return since its incorporation with the office of Registrar of Companies, Patna. Hence, this office has issued show cause notice for default under section 92 of the Companies Act, 2013 vide No. ROC/PAT/SCN/ 92/ 22431/693695 dated 22.07.2022.
4. Whereas, this office has not received any reply from the company and its directors. Hence, it appears that the provisions of Section 92 of the Companies Act, 2013 has been contravened by the company and its directors/officers and therefore they are liable for penalty u/s 92(5) of the Companies Act, 2013.
Section 92(5):- “If a 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 a further penalty of one hundred rupees for each day during which such failure continues, subject to a maximum of two lakh rupee in case of a company and fifty thousand rupees in case of an officer who is in default”.
5. Further section 446 states that “if penalty is payable for non-compliance of any of the provisions of this Act by a One Person Company, small company, start-up company or Producer Company, or by any of its officer in default, or any other person in respect of such company, then such company, its officer in default or any other person, as the case may be, shall be liable to a penalty which shall not be more than one-half of the penalty specified in such provisions subject to a maximum of two lakh rupees in case of a company and one lakh rupees in case of an officer who is in default or any other person, as the case may be”.
6. As per clause 85 of section 2 of the Companies Act, 2013, small company means a company whose paid up capital and turnover shall not exceed rupees four crore and rupees forty crore respectively. As per MCA portal, paid up capital of the company- Hotel Holy Crest Bodhgaya Private Limited is Rs. 1,00,000 and as regard to turnover, the company has not filed its balance sheet since incorporation, hence turnover could not be ascertained. Therefore, the benefits of small company cannot be extended to this company while adjudicating penalty.
7. Whereas, this office had issued “Notice for Hearing” vide No. ROC/PAT/SCN/ 92/ 22431/2038-2040 dated 11.11.2022 to the company and directors/officers in default to appear personally or through authorized representative under Rule 3(3), Companies (Adjudication of Penalties) Rules, 2014 on 30.11.2022 at 11.30 AM and also to submit their response, if any, one working day prior to date of hearing i.e. 29.11.2022.
8. That, on the date of hearing, neither anyone appeared for hearing nor any reply has been received. As per MCA record, the company has not filed its Annual Return since its incorporation till date. Hence the Company and its directors/Officers in default are liable for penalty as per section 92(5) of the Companies Act, 2013.
ORDER
9. Having considered the facts and circumstances of the case, and after taking into account the factors above, I hereby impose a penalty of Rs. 10,21,800 (Ten Lakhs Twenty-One Thousand and Eight Hundred) on Company, and Rs. 361,200 (Three Lakhs Sixty-one Thousand Two Hundred) each on the 2 (two) Directors of the company as per Table Below under section 92(5) of the Act for failure in compliance of section 92(4) of the Companies Act, 2013 for the financial years 201415, 2015-16, 2016-17, 2017-18, 2018-19, 2019-20, 2020-2021 and 2021-2022.
|
Nature of default |
Violation of Section of the Comp-anies Act, 2013 | Company/ Officers to whom penalty imposed |
No. of days in default* |
Penalty for defaults (Rs.) as per Section 92(5) of the Act | Total Penalty (Rs.) [maximum of two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is in default] (Rs.) | Penalty Impose d (Rs.) |
| Non-filing of Annual Returns for FY 2014-2015 |
Section 92(4) | On Company | 2489 | 10000+ 100/per day | 10000+2489N00 = 2,58,900 | 200000 |
| Shri Prem Sagar, Din: 06584802 | 2489 | 10000+ 100/per day | 10000+2489N00 = Z58,900 | 50,000 | ||
| Smt. Prabhawati Devi, Din:
06806766 |
2489 | 10000+ 100/per day | 10000+2489100 = 2,58,900 | 50,000 |
(* No of days have been calculated from 01.03.2016 to till date of order, i.e, 23.122022 for FY 2014-2015; from 01.12.2016 to till date of order, i.e, 23.12.2022 for FY 2016-2017 and so on)
10. The noticee shall pay the amount of penalty individually for the company and its directors (out of own pocket) by way of e-payment (available on Ministry website mca.gov.in) under “Pay miscellaneous fees” category in MCA fee and payment Services within 90 (ninety) days of this other. The Challan/SRN generated after payment of penalty through online mode shall be forwarded to this office.
11. Appeal against this order may be filled in writing with the Regional Director (ER), Ministry of Corporate Affairs, Kolkata, within a period of 60 (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, 2014j.
12. Your attention is also invited to section 454(8) of the Act in the event of non-compliance of this order.
(Aparajit Barua)
Adjudicating Officer &
Registrar of Companies-Cum-
Official Liquidator, Patna
