Case Digest MCA Rulings

The protection of stakeholder interests, director responsibility, and corporate governance standards are major areas of focus for MCA's announcements
Case Digest MCA Rulings - taxscan - mca - case digest

In India, the main regulating authority for businesses and Limited Liability Partnerships (LLPs) is the Ministry of Corporate Affairs (MCA). The term “MCA Rulings” mainly refers to the different administrative and legal declarations made by the Ministry. The Companies Act of 2013, the Limited Liability Partnership Act of 2008, and the Insolvency and Bankruptcy Code of 2016 are among the important laws that the MCA oversees.The MCA publishes comprehensive Rules to operationalize the requirements of these Acts. These regulations outline precise steps and standards for adherence. For instance, the rules governing companies’ incorporation, prospectus, and securities allocation, etc. In order to clarify current provisions, implement new rules or revisions, or announce particular requirements or exemptions, the MCA issued official announcements that were published in the Indian Official Gazette.

The MCA publishes circulars to resolve any ambiguities in the Acts or Rules, offer advice on how to interpret them, and guarantee that its own departments—such as the Registrar of Companies, or RoC—apply the law consistently. Although they are not laws in and of themselves, they are usually seen as obligatory for the department and offer valuable information to businesses.

individual orders pertaining to individual firms or problems may be issued by the MCA or its authorized authorities (such as Regional Directors or the National Company Law Tribunal, or NCLT, albeit NCLT rulings are judicial in nature). Additionally, the MCA publishes public notices to notify interested parties of significant advancements or suggested modifications, or to solicit feedback on draft regulations.

Company creation, management, governance, financial reporting, mergers and acquisitions, insolvency, and investor protection are just a few of the many corporate activities that are covered by MCA rulings. The goal of numerous recent clarifications and revisions is to make doing business in India easier, increase transparency, and streamline processes. The protection of stakeholder interests, director responsibility, and corporate governance standards are major areas of focus for MCA’s announcements. Legally, companies and limited liability partnerships must abide by the Acts, Rules, and Notifications issued by the MCA. Penalties and other legal repercussions may result from noncompliance.

Non-Disclosure of Related Party Transactions in Board Report violates S. 134(3)(h): MCA Imposes ₹4 Lakh Penalty

The Ministry of Corporate Affairs ( MCA ) has imposed a monetary penalty of ₹4,00,000 on BI Minning (India) Private Limited and its directors in default for failing to disclose particulars of related party transactions ( RPTs ) in the Board’s Report, in violation of Section 134(3)(h) of the Companies Act, 2013 read with Rule 8(2) of the Companies (Accounts) Rules, 2014.

The total penalty of ₹4,00,000 must be paid online via the MCA portal under the “Misc. head” within 90 days of receiving the order. Additionally, Form INC-28 must be filed along with the payment challan and a copy of the order. It was clarified that the penalty amount imposed on directors  must be paid from their personal income.

Failure to Affix CIN in Company’s Board Report Submitted through E-form 23AC and 23ACA: MCA Fines Company and Directors ₹6,000

In a recent adjudication order, the Ministry of Corporate Affairs (MCA) imposed a cumulative penalty of ₹6,000 on Private Limited company and its two directors for violating Section 12(3)(c) of the Companies Act, 2013 that is failure to affix CIN number its letterhead or official publication for one day.

The ROC directed the company and its officers to rectify the default immediately and complete the necessary compliance filings. Additionally, the order warned that non-payment of the penalty within 90 days may attract further action under Section 454(8) of the Act. The aggrieved parties have the option to appeal the order before the Regional Director (Northern Region) within 60 days of receiving the order.

MCA Imposes Penalty on Company and Directors for Loan Default and Violation of Section 180(1)(c)

In the adjudication order passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, the company and its directors were penalized with Rs. 3.5 lakhs for loan default and violation of Section 180(1)(c) of the Companies Act, 2013.

The Registrar of Companies and Adjudication Officer, Kamna Sharma, imposed a total penalty of Rs. 3.5  lakhs on the company and the directors for the violation of Section 180(1)c of the Companies Act.

MCA Penalizes Company and Directors for Non-Compliance with Section 29(1)(b) of Companies Act

In the adjudication order passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, the company and its directors were penalized with Rs. 3.5 lakhs for non-compliance with Section 29(1)(b) of the Companies Act, read with Rule 9A of the Companies (Prospectus and Allotment of Securities) Rules, 2014.

The company and its directors were hit with a total penalty of Rs. 3.5 lakhs for serious violation of Section 29 (1) (b) of the Companies Act. The Registrar of Companies and Adjudication Officer, Kamna Sharma, issued the adjudication ruling.

Violation of Section 149(4) of Companies Act: MCA imposes Rs. 7 lakh Penalty on Company & Directors

In the adjudication order passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, the company and its directors were penalized Rs. 7 lakhs for violating the provisions of Section 149(4) of the Companies Act, 2013.

Noting that there was a serious violation, a total penalty of Rs. 7 lakhs was imposed on the company and its directors. The order of adjudication was issued by Kamna Sharma (Registrar of Companies& Adjudication Officer).

MCA Penalizes Company and its Directors for Non- Non-Maintenance of Registered Office u/s 12

In the adjudication order passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty of Rs. 3 lakhs was imposed on the company and its Managing Director for failing to maintain a registered office.

The adjudicating officer concluded that the company breached the provisions of Section 12 of the Companies Act and imposed a penalty of Rs. 3 lakhs on the company and the director, and the penalty imposed is accurately mentioned in the order in the table. Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh & Kanpur, issued this order.

MCA Imposes Penalty on Company and Directors for Failure to Approve and File Financial Statements and Board’s Report

In the adjudication order passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, the company and its directors were penalized with Rs. 3.5 lakhs for failure to approve and file financial statements and the board’s reports.

Noting that there was a serious violation, a total penalty of Rs. 3.5 lakhs was imposed on the company and its directors. The order of adjudication was issued by Kamna Sharma (Registrar of Companies& Adjudication Officer).

MCA Penalises Private Limited Company & Directors for Furnishing Incorrect Information in Board’s Report

In the adjudication order passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty of Rs. 2.25 lakhs was imposed for furnishing incorrect information in the board’s report for the financial year (FY) 2021-22.

A penalty of Rs 1.5 lakhs was imposed on the company alone, and a penalty of Rs 25,000 each was imposed on the 3 directors of the company under default. The order was issued by Kamna Sharma, Registrar of Companies & Adjudicating Officer, Punjab & Chandigarh.

MCA imposes Penalty for Failure to appoint a Woman Director u/s 149(1) of Companies Act

In the adjudication order passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty of Rs 5.85 lakhs has been imposed on the company and directors for the failure to appoint a woman director for the company.

The adjudicating authority reached the conclusion that there was a serious breach of Section 149 of the Act, due to which the company and its directors were imposed a total penalty of Rs 5.85 lakhs for the period of default. This order was issued by B. Mishra, Registrar of Companies & Adjudicating Officer, Maharashtra, Mumbai.

MCA Penalizes Company and Directors for Failing to Hold Independent Directors’ Meeting

In the adjudication order passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty was imposed on the company as well as the directors for the failure to hold an independent directors’ meeting.

The adjudicating authority, B. Mishra, imposed a total penalty of Rs 9 lakhs on both the company and the directors for violation of Section 149(11) of the Companies Act, 2013. The division of penalty imposed on the company and the directors is given in the table of the adjudication order. The order also stated that prosecution will be filed under Section 454(8)(i) and (ii) of the Companies Act, 2013, if the company fails to pay the fine imposed.

MCA imposes penalty of Rs. 4.85 lakhs on Company & Directors for failure to appoint Woman Director

In the adjudication order passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty of Rs 4.85 lakhs has been imposed on the company and directors for the failure to appoint a woman director for the company under Section 149 of the Companies Act, 2013.

The adjudicating authority concluded that there was a serious breach of Section 149 of the Act, as the company was aware of its statutory responsibility to appoint a woman director. A total penalty of Rs 5.85 lakhs was imposed on the company and its 3 directors for the period under default for violation of Section 149(1) of the Companies Act, 2013. The penalty that has been imposed has been clearly mentioned in the table in the order. This order was issued by B. Mishra, Registrar of Companies & Adjudicating Officer, Maharashtra, Mumbai.

MCA imposes Rs. 4 lakhs Penalty for Non-Maintenance of Registered Office

In the adjudication order passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013,  a total penalty which comes up to Rs. 4 lakhs was imposed on a company and its managing director for the failure of the company to maintain a registered office.

The adjudicating officer concluded that the company breached the provisions of Section 12 of the Companies Act and imposed a total penalty of Rs 4 lakhs on both the company and the directors, and the penalty imposed is accurately mentioned in the order in the table. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh, Kanpur.

Failure in Maintaining a Registered Office: MCA penalizes both Directors and Company

In the adjudication order passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty of Rs. 24,000 each was imposed on the company and its Managing Director for the failure of the company to maintain a registered office.

The adjudicating officer concluded that the company breached the provisions of Section 12 of the Companies Act and imposed a penalty of Rs 24,000 on each, the company and the director, and the penalty imposed is accurately mentioned in the order in the table. Anu Vivek, Registrar of Companies & Adjudicating Officer, Kerala & Lakshadweep, issued this order.

MCA Penalizes Rs. 3.57 lakhs on Company and Directors for Default on Mandatory Appointment of Woman Director

In the adjudication order passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty of Rs. 3.57 lakhs has been imposed on the company and directors for the failure to appoint a woman director for the company by virtue of Section 149 of the Companies Act, 2013.

The adjudicating authority did not accept the reply furnished by the company and reached the conclusion that there was a serious breach of Section 149 of the Act, as the company was aware of its statutory responsibility to appoint a woman director. Thus, a total penalty of Rs. 3.57 lakhs was imposed on the company and its directors for the period under default. This order was issued by B. Mishra, Registrar of Companies & Adjudicating Officer, Maharashtra, Mumbai.

Failure to file Annual Returns for the FY 2020-21: MCA imposes Penalty of Rs. 5.6 Lakhs on Company and Directors

In the adjudication passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty was imposed on the company and its 3 directors for the non-filing of financial statements for the financial years (FY) 2016-17 to FY 2021 under Section 137 of the Companies Act, 2013.

The penalty imposed was clearly given in the table of the order. This order was issued by B. Mishra, Registrar of Companies & Adjudicating Officer, Maharashtra, Mumbai.

Failure to maintain registered office: Penalty of Rs. 3 lakhs imposed by MCA on Company and Directors

In the adjudication order passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty of Rs. 3 lakhs was imposed on a company and its 2 directors for the failure to maintain a registered office by the company.

The adjudicating officer imposed a total penalty of Rs 3 lakhs on both the company and the directors, and the penalty imposed is accurately mentioned in the order in the table. This order was issued by B Mishra, Registrar of Companies & Adjudicating Officer, Maharashtra, Mumbai.

MCA imposes Penalty on Listed Company & Directors for Failure to Appoint a Woman Director since Incorporation

In the adjudication order passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty of Rs 2.85 lakhs has been imposed on the company and directors for the failure to appoint a woman director for the company by virtue of Section 149 of the Companies Act, 2013.

The adjudicating authority did not accept the reply furnished by the company and reached the conclusion that there was a serious breach of Section 149 of the Act, as the company was aware of its statutory responsibility to appoint a woman director. Thus, a total penalty of Rs. 2.85 lakhs was imposed on the company and its directors for the period under default. The period of violation of provisions under Section 149 of the Companies Act, 2013, is from 01-07-2022 till 28-3-2023, and the delay is 270 days. This order was issued by B. Mishra, Registrar of Companies & Adjudicating Officer, Maharashtra, Mumbai.

ICAI vs. ICTPI: MCA Regional Director Dismisses Name Dispute Plea by ICAI, Says ‘Chartered’ Is Generic Term

The Regional Director of the Ministry of Corporate Affairs ( MCA ) has rejected the application of the Institute of Chartered Accountants of India ( ICAI ) against Institute of Chartered Tax Practitioners India ( ICTPI ) over the name’s similarity

The director noted the submission of the ICTPI it had addressed ICAI’s concerns by filing affidavits with the High Court. In the affidavits, ICTPI committed to adding disclaimers on its website and course material. The disclaimers expressly state that ICTPI is not an affiliate of ICAI and does not provide licenses for tax or customs practice. The Regional Director rejected ICAI’s application and held that the term “Chartered” is a generic term applied in various contexts and does not invariably signify a legal qualification.

Failure to Address Auditor’s Remarks in Board Reports: MCA imposes Penalty of Rs. 3 lakhs on Company and Directors

In the adjudication passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a total penalty of Rs. 3.5 lakhs was imposed on a company and its directors for failing to address the auditor’s remarks in board reports for 2 consecutive financial years.

The adjudicating authority reached the conclusion that the company violated the provisions of Section 138(3)(f) of the Companies Act and imposed a total of Rs. 3 lakhs on the company and Rs. 50,000 on the defaulting directors under Section 134(8) of the Companies Act, and they were instructed to make payment through the way of demand draft within 90 days of the receipt of the order. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh, Kanpur.

Failure to Address Auditor’s Remarks in Director’s Report: MCA imposes Rs. 4.5 Lakhs Penalty on Company and Directors

In the adjudication passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a total penalty of Rs. 4.5 lakhs was imposed on a company and its directors for failing to address the auditor’s remarks in board reports.

The adjudicating authority reached the conclusion that the company violated the provisions of Section 138(3)(f) of the Companies Act and imposed a total of Rs. 3 lakhs on the company and Rs. 1,50,000 on the defaulting directors, which comes to a total of Rs. 4.5 lakhs under Section 134(8) of the Companies Act. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh, Kanpur.

MCA penalizes Company and Directors for Non-Disclosure of Director Changes in Board Report

In the adjudication passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a total penalty of Rs. 3.5 lakhs was imposed on a company and its directors for failing to address the auditor’s remarks in board reports for the financial year (FY) 2018-19.

The adjudicating authority reached the conclusion that the company violated the provisions of Section 138(3)(q) of the Companies Act and imposed a total of Rs. 3 lakhs on the company and Rs. 50,000 on the defaulting directors under Section 134(8) of the Companies Act, and they were instructed to make payment by way of demand draft within 90 days of the receipt of the order. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh, Kanpur.

MCA Penalizes Company and Directors for Failure to Address Auditor’s Remarks in Directors’ Report for FY 2019-20

In the adjudication order passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty was imposed on the company and its 3 directors for failure to address the auditor’s remarks in the directors’ report for FY 2019-20

The adjudicating authority observed that the company violated the provisions of Section 134(3)f of the Act, and a penalty of Rs. 4,50,000 was imposed. They were instructed to make an e-payment within 90 days of the receipt of the order. The penalty imposed was clearly given in the table of the order. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh, Kanpur.

Non-Maintenance of Registered Office: MCA imposes Penalty of Rs. 2 lakhs on Company and Directors

In the adjudication passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty of Rs. 2 lakhs was imposed on a company and its 3 directors for the failure to maintain a registered office by the company.

The adjudicating officer concluded that the company breached the provisions of Section 12 of the Companies Act and imposed a total penalty of Rs 2 lakhs on both the company and the directors, and the penalty imposed is accurately mentioned in the order in the table. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh, Kanpur.

MCA Imposes Penalty of Rs. 3 Lakhs on Company and Directors for Failure to Maintain Registered Office

In the adjudication order passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty of Rs. 3 lakhs was imposed on a company and its 3 directors for the failure to maintain a registered office by the company.

The adjudicating officer concluded that the company breached the provisions of Section 12 of the Companies Act and imposed a total penalty of Rs 3 lakhs on both the company and the directors, and the penalty imposed is accurately mentioned in the order in the table. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh, Kanpur.

MCA imposes Penalties on Company and Directors for Non-Filing of Financial Statements from FY 2016-17 to FY 2020-21

In the adjudication passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty was imposed on the company and its 3 directors for the non-filing of financial statements for the financial years (FY) 2016-17 to FY 2021 under Section 137 of the Companies Act, 2013.

The adjudicating authority reached the conclusion that the company violated the provisions of Section 137 of the Act, and a penalty was imposed. They were instructed to make an e-payment within 90 days of the receipt of the order. The penalty imposed was clearly given in the table of the order. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh, Kanpur.

Penalty of Rs. 4 Lakhs imposed by MCA on Company and 3 Directors due to failure to maintain Registered Office

In the adjudication passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty of Rs. 4 lakhs was imposed on a company and its 3 directors for the failure to maintain a registered office by the company.

The adjudicating authority reached the conclusion that the company violated the provisions of Section 12 of the Companies Act and imposed a total penalty of Rs 4 lakhs on both the company and the directors, and the fine imposed has been properly stated in the order in the table. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh, Kanpur.

MCA Penalizes Company and Directors for Failing to Address Auditor’s Remarks in Board Reports for FY 2017-18 and 2018-19

In the adjudication passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty of Rs. 4.5 lakhs was imposed on a company and its 3 directors for each year, which comes to a total fine of Rs. 9 lakhs forfailing to address the auditor’s remarks in board reports for the financial year (FY) 2017-18 and 2018-19.

The adjudicating authority reached the conclusion that the company violated the provisions of Section 138(3)(f) of the Companies Act and imposed a total penalty under Section 138(8)  of the Companies Act, and they were instructed to make an e-payment within 90 days of the receipt of the order. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh, Kanpur.

MCA Imposes Penalty on Company and Directors for Non-Compliance with S.118(10) of Companies Act

In the adjudication passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty was imposed on the company and its 3 directors for the non-filing of financial statements for the financial years (FY) 2016-17 to FY 2021 under Section 118(10) of the Companies Act, 2013.

The adjudicating authority observed that the company violated the provisions of Section 118(10) of the Act, and a penalty of Rs. 40,000 was imposed. They were instructed to make an e-payment within 90 days of the receipt of the order. The penalty imposed was clearly given in the table of the order. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh, Kanpur. To Read the full text of the Notice

Non-Fling of PAS-3: MCA imposes Rs. 4 lakhs penalty on Company and Directors

In the adjudication passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies, a penalty of Rs. 4 lakhs was imposed on a company and its directors for non-filing of PSA-3.

It is also vital to note that an appeal against this order should be filed in writing with the Regional Director (Northern Region), Ministry of Corporate Affairs, CGO Complex, Lodi Road, New Delhi, within a period of sixty days from the date of receipt of this order. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh, Kanpur.

Non-Filing of Balance Sheet for 3 Consecutive Years: MCA imposes Penalty on Company and Directors

In the adjudication passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies under Section 454 of the Companies Act, 2013, a penalty was imposed on the company and its 4 directors for the non-filing of the balance sheet for 3 consecutive years.

The adjudicating authority reached the conclusion that the company violated the provisions of Section 137 of the Act, and a penalty was imposed. They were instructed to make an e-payment within 90 days of the receipt of the order. The penalty imposed was clearly given in the table of the order. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh, Kanpur.

Non-Filing of Annual Returns for 2 Consecutive Years: MCA Imposes Penalty on Company and its Directors

The order of adjudication passed by the Ministry of Corporate Affairs (MCA) Registrar of Companies, under Section 454 of the Companies Act, 2013, has imposed a penalty of around 5.2 lakhs on both the company and its directors for not filing annual returns for 2 consecutive years. The Company Union Base Nidhi Ltd has been registered under the provisions of the Companies Act 2013 and has an authorised capital of Rs. 10 lakhs.

Thus, the penalty, which comes to around Rs 5.2 Lakhs for both years, was applied to both the firm and its directors for failing to file the annual returns, and the fine imposed has been properly stated in the order in the table. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh.

MCA Imposes Penalty on Company, its Directors for Failing to Maintain Registered Office

The Ministry of Corporate Affairs (MCA), through the Registrar of Companies (RoC), Uttar Pradesh, has imposed a penalty on a limited company and its directors for violating the provisions of Section 12(1) and 12(4) of the Companies Act, 2013. The penalty was levied after the company failed to maintain a valid registered office and did not inform authorities of any changes as required by law.

The adjudicating authority directed the company and its directors to pay the penalty within 90 days via e-payment on the MCA website under “Pay Miscellaneous Fees”. The order allows an appeal to the Regional Director (Northern Region), Ministry of Corporate Affairs, within 60 days using Form ADJ, accompanied by a certified copy of the order

MCA Imposes ₹2 Lakh Penalty on Company’s Auditor for Non-Filing of ADT-3

The Ministry of Corporate Affairs (MCA) has imposed a penalty of Rs. 2,00,000 on Indu Bala, an auditor, for failing to comply with Section 140(2) of the Companies Act, 2013. The penalty was adjudicated by the Registrar of Companies (ROC), Uttar Pradesh, under Section 454 of the Act, read with Companies (Adjudication of Penalties) Rules, 2014.

The auditor must remit the penalty via e-payment on the MCA website under “Pay Miscellaneous Fees” within 90 days. An appeal can be filed with the Regional Director (Northern Region), Ministry of Corporate Affairs, within 60 days using Form ADJ, accompanied by a certified copy of this order.

MCA Imposes ₹11.1 Lakh Penalty on Company for Non-Filing of MGT-14 for Multiple FY

The Ministry of Corporate Affairs ( MCA ), through the Office of the Registrar of Companies ( ROC ), Uttar Pradesh, has penalized Shubhmangal India Nidhi Limited and its directors with Rs. 11,11,000 for failing to file Form MGT-14 for multiple financial years, in violation of Section 117(1) read with Section 179(3)(g) of the Companies Act, 2013.

If aggrieved, the company and its directors can appeal within 60 days before the Regional Director (Northern Region), MCA, New Delhi, by filing Form ADJ along with a certified copy of the adjudication order.

MCA Penalizes Private Company & Directors for 527-Day Delay in Filing e-Form BEN-2

In the recent order of adjudication passed by the Ministry of Corporate Affairs ( MCA ) Registrar of Companies, a penalty was imposed on a private limited company and its directors due to non-compliance with beneficial ownership disclosure under the Companies Act, 2013, and due to a delay of 527 days in filing e-Form BEN-2.

The order also stated that the notice must pay the penalty individually via e-payment on the MCA website under “Pay Miscellaneous Fees” within 90 days, and an appeal can be filed with the Regional Director (Northern Region), Ministry of Corporate Affairs, within 60 days using Form ADJ, along with a certified copy of this order. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh, Kanpur.

Failure to declare beneficial ownership: MCA imposes penalty of Rs. 7 lakhs on Private Company & Directors

In the recent order of adjudication passed by the Ministry of Corporate Affairs ( MCA ) Registrar of Companies, a penalty of Rs. 7.35 lakhs was imposed on a private limited company and its directors due to non-compliance with beneficial ownership disclosure under the Companies Act, 2013.

The order also stated that the notice must pay the penalty individually via e-payment on the MCA website under “Pay Miscellaneous Fees” within 90 days, and an appeal can be filed with the Regional Director (Northern Region), Ministry of Corporate Affairs, within 60 days using Form ADJ, along with a certified copy of this order. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh, Kanpur.

Govt Dues are below secured creditors, workmen, employees, and unsecured financial creditors u/s 53 of IBC: MCA MoS Harsh Malhotra at Lok Sabha

The Ministry of Corporate Affairs ( MCA ) has clarified, in a reply to a question raised at the Lok Sabha that as per Section 53 of the Insolvency and Bankruptcy Code, 2016, government dues are positioned below the dues pertaining to secured creditors, workmen, employees, and unsecured financial creditors.

Important Lessons from Section 53: – By defining who gets paid first and giving secured creditors and workers’ dues priority, this will guarantee financial protection and an orderly liquidation process. The government prioritizes business financial stability over tax recoveries, placing government dues behind financial creditors.

Non-declaration of beneficial ownership by filing e-form BEN-2: MCA imposes penalty on Private Company & Directors

In the recent order of adjudication passed by the Ministry of Corporate Affairs ( MCA ) Registrar of Companies, a penalty was imposed on a private limited company and its directors due to non-compliance with beneficial ownership disclosure under the Companies Act, 2013, and due to delay in filing e-Form BEN-2.

The order also stated that the notice must pay the penalty individually via e-payment on the MCA website under “Pay Miscellaneous Fees” within 90 days, and an appeal can be filed with the Regional Director (Northern Region), Ministry of Corporate Affairs, within 60 days using Form ADJ, along with a certified copy of this order. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer, Uttar Pradesh, Kanpur.

MCA Imposes ₹4 Lakh Penalty on Company for not Maintaining Registered Office u/s 12 of Companies Act

In a recent adjudication order issued by the Ministry of Corporate Affairs ( MCA ), the Registrar of Companies ( ROC ), Uttar Pradesh, penalized Ummid Mutual Benefit Nidhi Limited and its directors with Rs. 4 lakh for failing to maintain a registered office, violating Section 12 of the Companies Act, 2013.

The total penalty imposed amounts to Rs. 4,00,000. This penalty must be paid through the MCA21 portal within 90 days of receiving the adjudication order. The company is also required to file Form INC-28, attaching the adjudication order and proof of payment. Failure to comply with this order may lead to further legal consequences under Section 454(8) of the Companies Act, 2013.

MCA rejects Company’s e-Form NDH-4, Imposes Penalty for non-maintenance of Registered Office

The Ministry of Corporate Affairs (MCA) has penalized Sunstar Mutual Services Nidhi Limited and its directors after rejecting the company’s e-Form NDH-4, citing a failure to maintain a registered office, in violation of Section 12 of the Companies Act, 2013.

The company and its directors may file an appeal within 60 days before the Regional Director (Northern Region), Ministry of Corporate Affairs, New Delhi, by submitting Form ADJ along with a certified copy of the order.

MCA imposes Rs. 8.42 lakh Penalty on company & directors for Non-Filing of Cash Flow Statements for 5 consecutive FY

In a recent adjudication order passed by the Ministry of Corporate Affairs (MCA), Registrar of Companies (ROC), Uttar Pradesh, Swastik Mutual Benefits Limited and its directors were penalized Rs. 8,42,800 for failing to attach cash flow statements with their financial statements for the financial years 2014-2015 to 2018-2019, in violation of Section 137 of the Companies Act, 2013.

The company has the right to appeal within 60 days to the Regional Director (Northern Region), Ministry of Corporate Affairs, New Delhi, using Form ADJ, accompanied by a certified copy of the order. Failure to comply may result in further enforcement actions under Section 454(8) of the Companies Act, 2013.

MCA imposes Rs. 8.42 lakh Penalty on company & directors for Non-Filing of Cash Flow Statements for 5 consecutive FY

In a recent adjudication order passed by the Ministry of Corporate Affairs (MCA), Registrar of Companies (ROC), Uttar Pradesh, Swastik Mutual Benefits Limited and its directors were penalized Rs. 8,42,800 for failing to attach cash flow statements with their financial statements for the financial years 2014-2015 to 2018-2019, in violation of Section 137 of the Companies Act, 2013.

The company has the right to appeal within 60 days to the Regional Director (Northern Region), Ministry of Corporate Affairs, New Delhi, using Form ADJ, accompanied by a certified copy of the order. Failure to comply may result in further enforcement actions under Section 454(8) of the Companies Act, 2013.

Omission of Web Address from Annual Report: MCA Imposes Penalty of ₹4.5 Lakhs on Company and Directors

In a recent adjudication order, the Ministry of Corporate Affairs ( MCA ) Registrar of Companies penalized the company and its board of directors for not including its web address in its 2019 annual report.

The Adjudicating Officer, Seema Rath, held that an appeal against this order may be made in writing to the Regional Director MCA within sixty days of the date of this order. The adjudication authority also held that proper attention is to be given as per Section 454(8) of the Companies Act if such a penalty is met with Non-Compliance.

Failure to Constitute Audit & Remuneration Committee Despite Loan Breach: MCA Imposes Penalty

In the recent order of adjudication passed by the Ministry of Corporate Affairs ( MCA ) Registrar of Companies, a penalty was imposed on a private limited company and its directors for the failure to constitute an audit and remuneration committee despite a loan breach.

The order also stated that an appeal against this order may be filed in writing with the Regional Director within sixty days from the date of receipt of this order, in Form ADJ, setting forth the grounds of appeal, and should be accompanied by a certified copy of this order. The order of adjudication was passed by Kamna Sharma, Registrar of Companies and Adjudicating Officer, Punjab and Chandigarh.

Company Faces Penalty from MCA for Non-Compliance with Borrowing Resolution Requirements

In the recent order of adjudication passed by the Ministry of Corporate Affairs ( MCA ) Registrar of Companies, a penalty was imposed on a private limited company and its directors for non -compliance with borrowing resolution requirements.

The order also stated that an appeal against this order may be filed in writing with the Regional Director within sixty days from the date of receipt of this order, in Form ADJ, setting forth the grounds of appeal, and should be accompanied by a certified copy of this order. The order of adjudication was passed by Kamna Sharma, Registrar of Companies & Adjudicating Officer, Punjab and Chandigarh.

Non-Filing of Annual Returns for 2 Consecutive Years: MCA imposes Penalty on Company & Directors

In the recent order of adjudication passed by the Ministry of Corporate Affairs ( MCA ) Registrar of Companies, a penalty was imposed on a private limited company and its directors for non-filing of annual returns.

The penalty imposed has been clearly given in the order in the table. Penalties have been levied on both the company and the directors. A penalty has been imposed according to Section 92(5) of the Companies Act. This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer Uttar Pradesh, Kanpur.

Non-filing of MGT 14 for 3 Financial years: MCA imposes penalty on Company and 3 Directors

In the recent order of adjudication passed by the Ministry of Corporate Affairs ( MCA ) Registrar of Companies, a penalty  was imposed on a private limited company and its directors over the non-filing of E-form MGT-14.

This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer Uttar Pradesh, Kanpur. In this order, the penalty was imposed on both the company and its 4 directors.

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