Penalty Imposed for not mentioning DIN in Financial Statements

The Ministry of Corporate Affairs (MCA) has imposed penalties on Singham Infraserv Private Limited, formerly known as Singham Polytubes Private Limited, for violating Section 158 of the Companies Act, 2013. The company failed to include Director Identification Numbers (DIN) in its financial statements for the financial years 2016-17 to 2020-21. Despite a notice issued on 26th July 2024, the company did not respond, leading to the conclusion that it contravened the provisions of the Act. Consequently, penalties under Section 172 were levied on the company and its directors. Considering the company qualifies as a small company, the penalties were reduced accordingly. The company and its directors have been instructed to pay the penalties within 90 days through the MCA portal. They also have the right to appeal against the order within 60 days to the Regional Director, Ministry of Corporate Affairs, Kolkata. The adjudication was carried out by Aparajit Barua, the Adjudicating Officer and Registrar of Companies, Patna. Non-compliance with this order may result in further legal action as per Section 454(8) of the Companies Act, 2013.

Government of India
Ministry of Corporate Affairs
Office of the Registrar of Companies,
4th Floor, ‘A’ Wing, Maurya Lok Complex
Dakbunglow Road, Patna-800001
fie (0612)- 2216150/2950121

Order No. ROC/PAT/Inquiry/33346/767 Dated: 29.08.2024

Order for penalty for violation of section 158 of the Companies Act, 2013
SINGHAM INFRASERV PRIVATE LIMITED
Erstwhile M/S. SINGHAM POLYTUBES PRIVATE LIMITED
CIN: U45100BR2017PTC033346
(erstwhile having CIN: U74999BR2017PTC033346)

Company:-

1. Whereas, Company M/s. Singham Infrasery Private Limited Erstwhile M/s. Singham Polytubes Private Limited, CIN: U45100BR2017PTC033346 (erstwhile having CIN: U74999BR2017PTC033346) (herein after known as Company) is a company incorporated on 18.01.2017 under the provisions of Companies Act, 2013 in the state of Bihar and having its registered office situated at Bank Of Baroda Gali Swarajpur, Makhlotganj, Gaya, Bihar, 823001, India as per MCA website.

Facts about the case:-

2. Whereas, during the course of inquiry, it is observed that the financial statements filed for the financial years ended on 31.03.2017, 31.03.2018, 31.03.2019, 31.03.2020 and 31.03.2021 does not consist of Director’s Identification No. (DIN) thereby leading to the violation of Section 158 of the Companies Act, 2013 for the abovementioned period.

3. This office has issued notice for the violation of section 158 of the Companies Act, 2013 to the company and its directors vide letter dated 26.07.2024, for which no reply has been received.

4. Hence, it appears that the provisions of Section 158 of the Companies Act, 2013 have been contravened by the company and its directors/officers in default and therefore they are liable for penalty under section 172 of the Companies Act, 2013.

Section 172:- “If a company is in default in complying with any of the provisions of this chapter and for which no specific penalty or punishment is provided therein, the company and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees, and in case of continuing failure, with a further penalty of five hundred rupees for each day during which such failure continues, subject to a maximum of three lakh rupees in case of a company and one lakh rupees in case of an officer who is in default”.

5. 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- Singham Infrasery Private Limited Erstwhile M/ s. Singham Polytubes Private Limited is Rs. 1,00,000 and the turnover of the company is Rs Nil as per financial year 2019-2020. Therefore, the benefits of small company are extended to this company while adjudicating penalty.

ORDER

6. Therefore, having considered the facts and circumstances of the case, and after taking into account the factors above, I hereby impose a penalty on Company, and its Directors as per table Below under section 172 of the Act for failure in compliance of section 158 of the Companies Act, 2013.

7. 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 www.mca.gov.in) under “Pay miscellaneous fees” category in MCA fee and payment Services within 90 (ninety) days of this order. The Challan/SRN generated after payment of penalty through online mode shall be forwarded to this office.

8. 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 mca.gov.in) setting forth the grounds of appeal and shall be accompanied by a certified copy of this order {Section 454(5) and 454(6) of the Act read with Companies (Adjudication of Penalties) Rules, 2014].

9. 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.