Failure to Address Auditor’s Remarks in Board Reports: MCA imposes Penalty of Rs. 3 lakhs on Company and Directors
A total penalty of Rs. 3.5 lakhs was imposed on the company and its directors for failing to address the auditor’s remarks in board reports.
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 company named Ummid Mutual Benefit Nidhi Limited was registered under...
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 company named Ummid Mutual Benefit Nidhi Limited was registered under the Companies Act, 2013, on 15-3-2017, and its authorized capital is Rs. 20 lakhs.
After examining the board reports of the company for the FY ending on 31-03-2018, it was observed by the adjudicating authorities that the directors of the company have not provided sufficient explanations regarding the auditor's remarks in the director's report for the above-mentioned FY. The adjudicating authority reached the conclusion that the company violated the provisions of Section 134(3)(f) of the Companies Act, 2013, and was liable for penal consequences.
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Section 134(3)(f) of the Companies Act states that "There shall be attached to statements laid before a company in general meeting, a report by its Board of Directors which shall include explanations or comments by the Board on every qualification, reservation or adverse remark or disclaimer made:
(i) by the auditor in his report; and
(ii) by the company secretary in practice in his secretarial audit report."
Further, Section 134(8) of the Companies Act 2013, which deals with the penalty which is imposed, states that: “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.”
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Although a show cause notice (SCN) was issued to the company and its officers on 4-3-2024, no reply was furnished, and as the company and its officers neglected to respond to the SCN, therefore, no hearing was scheduled.
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.
To Read the full text of the Order CLICK HERE
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