ROC imposes Heavy Penalty for Non-Filing of Financial Statements

The Registrar of Companies, Patna, initiated adjudication proceedings under Section 454 of the Companies Act, 2013 for violation of Section 137(3) after the company failed to file its financial statements for the financial year 2020–2021. Despite issuance of a show-cause notice on 19 August 2025 and scheduling of an e-hearing on 10 October 2025, neither the company nor its directors submitted a reply or appeared before the adjudicating authority. Since the default remained unrectified and continued for a prolonged period, the ROC concluded that the company and its directors were liable for penalty as prescribed under Section 137(3). A penalty of ₹1,60,100 was imposed on the company, while each of the two directors was fined ₹50,000, being the maximum limit applicable to officers in default. They were directed to rectify the default and pay the penalty within 90 days through the MCA e-Adjudication portal, and were informed of their right to appeal before the Regional Director, Kolkata within 60 days.

GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Patna
Office of Registrar of Companies, Bihar -cum- Official Liquidator attached to Patna High Court,Ministry of Corporate Affairs, Government of India, Maurya Lok Complex, Block “A”, 4th Floor, Dak Bungalow Road, Patna, Bihar, India, 800001
Phone: 0612-2950121
E-mail: roc.patna@mca.gov.in

Order ID: PO/ADJ/10-2025/PT/00804 Dated: 10/12/2025

ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 137(3) 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 TRIUMFINA SALES AND SERVICES PRIVATE LIMITED [herein after known as Company] bearing CIN U51900BR2017PTC036521, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at C/O-PRANAV KUMAR,2ND FLOOR, ABHISHEK PLAZA, EXB. ROAD C/O-PRANAV KUMAR,2ND FLOOR, ABHISHEK PLAZA, EXB. ROAD NA PATNA PATNA BIHAR INDIA 800020

Individual details:

In the matter relating to RAJEEV KUMAR SINGH ——

In the matter relating to RAGINI SINGH ——

C. Provisions of the Act:

(3) If a company fails to file the copy of the financial statements under sub-section (1) or sub-section (2), as the case may be, before the expiry of the period specified therein, the company 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 rupees, and the managing director and the Chief Financial Officer of the company, if any, and, in the absence of the managing director and the Chief Financial Officer, any other director who is charged by the Board with the responsibility of complying with the provisions of this section, and, in the absence of any such director, all the directors of the company, shall be shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of fifty thousand rupees.

D. Facts about the case:

1. Default committed by the officers in default/noticee – The company has defaulted in filing of its financial statements for the Financial Year 2020-2021.

2. As per MCA portal, the company is in default for filing its Financial Statements for the financial year 2020-2021. Hence, this office has issued show cause notice for default under section 137 of the Companies Act, 2013 on 19.08.2025.

However, no reply has been received from the company and its directors till date. Further, hearing was scheduled to be held on 10.10.2025. However, on the date of hearing, neither anyone appeared for e-hearing nor any reply has been received.

E. Order:

1. As per MCA record, the company has not filed its Financial Statements for Financial year 2020-2021 till date. Hence, the company and its directors/officers in default are liable for penalty as per section 137(3) 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:

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.

Dr Rameshkumar,
Registrar of Companies
ROC Patna