The Registrar of Companies, Kolkata imposed penalties under Section 454 read with Section 450 of the Companies Act, 2013 for filing an incorrect statutory return on the MCA portal. The adjudication arose from the filing of Form AOC-4 containing incorrect particulars, where the company mistakenly selected an incorrect status regarding whether it was an OPC or Small Company. Although the error was admitted as inadvertent and a request was made to mark the form as defective, the Adjudicating Officer held that such rectification does not nullify the completed contravention. Emphasising that MCA filings are public records relied upon by regulators and stakeholders, the order held that responsibility for correctness squarely rests on the authorised signatory under Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014. Consequently, penalties of ₹10,000 each were imposed on the company and the signatory officer, with directions to rectify the filing within the stipulated time and comply with payment requirements.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Kolkata
CORPORATE BHAWAN PLOT NO-II F/16, PRE NO. 05-0852 AA-III F AKANDAKESHARI, NEAR SHAPOORJI
NEWTOWN, Kolkata, WESTBENGAL, India, 700135
Phone: 8076272007
E-mail: roc.kolkata@mca.gov.in
Order ID: PO/ADJ/01-2026/KK/01398 Dated: 16/01/2026
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. 831(E) dated 24/03/2015 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 METAL ENGINEERING AND TREATMENT CO PRIVATE LIMITED [herein after known as Company] bearing CIN U28113WB1982PTC034546, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 32, OLD JESSORE ROAD GANGANAGAR WARD 25 GANGANAGAR (NORTH 24 PARGANAS) BARASAT – II NORTH 24 PARGANAS WEST BENGAL INDIA 700132
Individual details:
In the matter relating to NILANJAN RAY ——
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 – Whereas as per Rule 8(3) of The Companies (The Registration Offices and Fees) Rules, 2014 states that: –
The authorised signatory and the professional, if any, who certify e-form shall be responsible for the correctness of the contents of e-form and correctness of the enclosures attached with the electronic form.
The company has requested by filing Form No. GNL-1 vide SRN AB9798875 along with Board Resolution, request letter and Affidavit to mark defective the STP approved e-Form AOC-4 vide SRN AB9092973 for the financial year 2024-25 . In the reason, the company stated that at the time of filing inadvertently they have selected Yes instead of NO in Page No. 1 Point No. 2 for ?Whether Company is an OPC or Small Company as at the Financial Year end date.
As per Section 450 of the Companies Act, 2013 state that: –
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. The Company filed e-Form AOC-4 vide SRN AB9092973 (impugned e-form).
Upon examination / on the Company?s own admission, it is found that the impugned e-form was filed with incorrect particulars and/or incorrect/defective attachment(s), namely: at the time of filing inadvertently they have selected Yes instead of NO in Page No. 1 Point No. 2 for Whether Company is an OPC or Small Company as at the Financial Year end date. The Company has accepted the above defect/mistake and has requested that the impugned e-form be marked as defective and/or that it be treated as an incorrect filing, vide Form No. GNL-1 vide SRN AB9798875.
Accordingly, a Show Cause Notice No. SCN/ADJ/12-2025/KK/03293 Date: 26/12/2025 was issued to: METAL ENGINEERING AND TREATMENT CO PRIVATE LIMITED having CIN as U28113WB1982PTC034546, NILANJAN RAY having DIN as 00684532 being the signatory of the impugned e-form.
In response, reply dated 09/01/2026 was received wherein the noticee(s) admitted the defect/incorrect filing and stated that the incorrect filing was inadvertent and requested a lenient view.
The MCA electronic registry is a public record and statutory filings are relied upon by regulators, creditors, shareholders, and other stakeholders. Filing an e-form with incorrect contents and/or enclosures defeats the purpose of an electronic registry and directly triggers the responsibility fixed under Rule 8(3).
In the present case, the impugned e-form was filed with incorrect particulars/enclosures, which has been admitted by the Company. NILANJAN RAY having DIN as 00684532 is liable for contravention of Rule 8(3).
The request to mark the form as defective is an administrative rectification step and does not erase the completed contravention arising from filing an incorrect statutory e-form. Penalty liability under Rule 8(3) read with Section 450 therefore remains attracted.
In exercise of the powers conferred under Section 454 of the Companies Act, 2013, the undersigned hereby imposes penalty for violation of Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014 read with Section 450 of the Companies Act, 2013, as under:
The Company/noticee(s) are further directed to rectify the defect by taking necessary steps on the MCA portal (including filing the correct/appropriate e-form and making necessary request(s) for marking the incorrect filing as defective, wherever such facility/process is prescribed), within 7 days from the date of receipt of this order, and to intimate this office with proof of compliance.
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 | METAL ENGINEERING AND TREATMENT CO PRIVATE LIMITED having CIN as U28113WB1982P TC034546 | 10000 | 0 | 200000 | |
| 2 | NILANJAN RAY having DIN as
00684532 |
10000 | 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
Can some one englight MCA authorities that levy of penalty is not automatic or that penalty is not levied in all cases of non compliance. Can some one enlighten them about the principles laid down by the Hon’ble Supreme Court in the case of Hindustan Steel Ltd. v. State of Orissa [1972] 83 ITR 26 (SC)