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

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.

This private company has been registered under the Companies Act, 2013, and the authorized capital of the company is Rs. 11 lakhs. During the inquiry, it was found that the company has not filed annual returns for the years 2019-20 and 2020-21, and thus the adjudicating officer reached the conclusion that the company and its directors have violated Section 92 of the Companies Act.

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.

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Section 92(4) of the Companies Act, 2013 provides that:  "Every company shall file with the Registrar a copy of the annual return within sixty days from the date on which the annual general meeting is held or where no annual general meeting is held in any year within sixty days from the date on which the annual general meeting should have been held together with the statement specifying the reasons for not holding the annual general meeting with such fees or additional fees as may be prescribed."

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.

To Read the full text of the Order CLICK HERE

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