The Registrar of Companies, Kolkata, under the Ministry of Corporate Affairs, passed an adjudication order dated 5 February 2026 imposing penalties under Section 454 of the Companies Act, 2013 for violation of Section 134(8) relating to Board’s Report disclosures on CSR. The company admitted that during FY 2017–18 and 2018–19 it failed to disclose reasons for not spending the prescribed CSR amount, despite being covered under CSR provisions. The lapse was stated to be inadvertent, arising from lack of awareness in the initial years of CSR applicability and financial losses, and the company later claimed to have made good the CSR amount by transferring it to a registered trust. Noting the admitted non-compliance and the statute’s fixed penalty framework, the Adjudicating Officer held the company and its two directors liable. Penalties of ₹3,00,000 on the company and ₹50,000 each on the two directors were imposed, payable within 90 days, with liberty to appeal.
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/02-2026/KK/01582 Dated: 05/02/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 134(8) 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 JUPITER INTERNATIONAL LIMITED [herein after known as Company] bearing CIN U51109WB1978PLC031668, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 20A, ASHUTOSH CHOUDHURY AVENUE, NA KOLKATA KOLKATA WEST BENGAL INDIA 700019
Individual details:
In the matter relating to ALOK GARODIA ———
In the matter relating to AKASH GARODIA ———
C. Provisions of the Act:
(8) If a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of three lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees
D. Facts about the case:
1. Default committed by the officers in default/noticee –
This office is in receipt of application vide SRN: N31248958 filed GNL-1 form by the company & its directors and a physical application dated 16.06.2025 for adjudication of penalties for default of Section134(3)(O) of the Companies Act, 2013: ?As per Section 134(8), if a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both.
?That the Applicants hereby admit their default and suo-moto move this application for Adjudicating of offence under Section 134 read with Section 454 of the Act for failing to disclose in the Board’s Report for FY 2017?2018 & 2018-2019 the reasons for not spending the required CSR amount.
?The Company is a Limited Company incorporated under the provisions of the Companies Act, 1956. The Company has been otherwise regular and particular, with regard to the compliances of the provisions of the Companies Act, 2013 and rules framed thereunder. There is a violation of the provisions of Section 134 and Section 134(3) (o) of the Companies Act, 2013, regarding failure to disclose the details of Corporate Social Responsibility (CSR) applicability to the Company and expenditure related therein.
?The Company was covered under the ambit of CSR provisions during the financial year 2016?2017. While the Company did not spend the 2% of the average net profit on CSR activities in financial year 2017-2018 & 2018-2019, and the reasons for not spending the required CSR amount were inadvertently omitted in the Board?s Report.
?This omission was unintentional and occurred due to oversight. The Company acknowledges the lapse and undertakes to ensure compliance in future filings.
?”The financial year 2016-17 was the first year in which the CSR provisions became applicable to the company. However, due to lack of prior experience and awareness regarding the CSR., the CSR expenditure could not be incurred. Additionally, the company was in loss during that period and in the succeeding financial year the management was primarily focused on improving the overall performance and financial stability of the company.”
2. E-Hearing not Requested
E. Order:
1. The applicants state that the matter relates to CSR-related obligations and Board?s Report disclosures connected with
CSR, and the period of default relates to FY 2017?18.
2. The applicants has stated that the lapse was on account of ?lack of clarity/enforcement mechanism? and claim absence of mala fide intention.
The applicants also state that the ?default has been made good? by transferring CSR expenditure amount to Udasin Karshni Ashram Trust (CSR Registration No. CSR00030749).
3.From the application itself, the applicants admit the non-compliance in relation to Section 134 and seek regulatory disposal for FY 2017?18.
4. The statute imposes a fixed penalty for default under Section 134.
5. Accordingly, the Company and its Directors are liable for penalty under Section 134(8) of the Act.
6. In exercise of powers under Section 454 of the Act, penalty is imposed as under:
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 | JUPITER INTERNATIONAL LIMITED having CIN as U51109WB1978P LC031668 | 300000 | 0 | 300000 | |
| 2 | ALOK GARODIA having DIN as
00081848 |
50000 | 0 | 50000 | |
| 3 | AKASH
GARODIA having DIN as 05299302 |
50000 | 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
