The Registrar of Companies, Guwahati, acting as Adjudicating Officer under Section 454 of the Companies Act, 2013, imposed a penalty on a statutory auditor following an inspection ordered by the Ministry of Corporate Affairs. The inspection revealed that, for FY 2021–22, the financial statement notes stated that no charges were required to be registered or satisfied with the ROC, whereas the MCA portal reflected the creation of 44 charges during the same period. This material inconsistency was not reported or qualified in the audit report, amounting to a violation of Section 143(3)(h), which requires auditors to comment on statutory matters. As no specific penalty is prescribed for such a lapse, proceedings were initiated under the residuary provision of Section 450. After considering the auditor’s reply seeking leniency and noting that no e-hearing was requested, the Adjudicating Officer imposed a personal penalty of ₹10,000, directed rectification and payment within the prescribed period, and provided a statutory right of appeal.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Guwahati
Registrar Of Companies, 5th Floor, Prithvi Planet, Behind Hanuman Mandir, Ulubari, G.S. Road, Guwahati, Assam, India,
781007
Phone: 0361-2974431/2974430
Fax: 0364-2223665
E-mail: roc.shillong@mca.gov.in
Order ID: PO/ADJ/02-2026/GH/01561 | Dated: 04/02/2026
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 BHARTIA INFRA PROJECTS LIMITED [herein after known as Company] bearing CIN U45203AS1999PLC005740, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 201 ROYAL ARCADE 2ND FLOOR, DR. B. BORUAH ROAD, ULUBARI NA GUWAHATI ASSAM INDIA 781007
Individual details:
In the matter relating to MANISH KUMAR PAREEK ______________
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 the Ministry vide letter no. CL-II-07/110/2024-O/o DGCOA-MCA dated 19.02.2024 ordered Inspection in to the affairs of Bhartia Infra Projects Limited (hereinafter called as the Company). On Inspection of the subject company, it was observed and reported by the Inspecting Officer which is reproduced herein under as:
“In the notes to Financial Statements for the Year ended 31.03.2022, the company has mentioned in note no. 41 -‘The company does not have any charge required to be registered or satisfied with ROC during the year’. However as per MCA portal there are 44 no. of Charges created during FY 2021-22. Thus the Statutory Auditors of the subject company has failed to qualify the same in his audit report for Financial Year 2021-22 and hence violated the provision of section 143(3)(h) of Companies Act,2013”.
Hence, the the Statutory Auditors of the subject company has violated the provision of section 143(3)(h) and therefore liable for penal action under section 450 of Companies Act,2013.
2. The auditor has not requested for E-Hearing.
E. Order:
1. The Auditor, Shri Manish Kumar Pareek, CA (Membership No.311518) of the company namely Bhartia Infra Projects Limited for the F.Y 2021-22 has submited his reply in response to Show Cause Notice dated 19.01.2026 stating that the linient view may be taken while adjudicating the offence.
The undersigned being the Adjudicating Officer after Considering the facts of the case as reported in the Inspection Report and reply of Auditor, the penalty is hereby imposed on the Statutory Auditor Shri Manish Kumar Pareek, CA under section 450 of the Act for the violation of section 143(3)(h) of the Companies Act,2013.
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 | MANISH KUMAR PAREEK having PAN as CRHPP3694R | Taken care of | 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 Guwahati 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.
Ananta Sethi,
Registrar of Companies
ROC Guwahati
