Failure to File Annual Returns for FY 2020-21: MCA imposes Penalty on Private Limited Company & Directors

MCA - Annual Returns - Penalty - TAXSCAN

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 for the financial year (2020-21).

This private company has been registered under the Companies Act, 2013. During the inquiry conducted under Section 206(4) of the Companies Act, 2013, with regard to the irregular functioning of the company. During the inquiry, it was found that the annual returns were not filed, and thus the company contravened Section 92 of the Companies Act, 2013.

It was noted that the directors were supposed to file a copy of the annual returns within sixty days from the date on which the annual general meeting is held. A Show Cause Notice was issued to the company and its officers on 19.08.2024 under Section 454 of the Companies Act, 2013, for not filing the annual return for FY 2020-2021.

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No response was received from the company or its directors even after multiple attempts. The notices sent were returned, stating “Party left address.” As per MCA21 records, the company did not meet the filing deadline. The adjudicating authority imposed a penalty under Section 92(5) of the Companies Act.

The penalty imposed has been clearly given in the table in the order. Penalty has been levied on both the company and the directors. This order was issued by B. Mishra, Registrar of Companies & Adjudicating Officer, Mumbai.

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