Non-mentioning of DIN in the Financial Statements: MCA imposes Penalty on Company and 3 Directors
In this case, the company has violated the provisions of Section 154 of the Companies Act
MCA-Ministry of Corporate Affairs-Non-mentioning of DIN-Taxscan
MCA-Ministry of Corporate Affairs-Non-mentioning of DIN-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 due to the non-mentioning of DIN in the financial statements.
The company has been registered under the Companies Act, 2013, and the authorised capital of the company is Rs. 15 lakhs.
The inquiry conducted by the adjudicating authority observed that the company’s directors failed to mention their DIN under their signatures in the financial statements for multiple financial years (2016-2021), violating Section 158 of the Companies Act, 2013. A show cause notice was issued on 25.04.2024, but no response was received from the company or its directors.
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As there was no reply or representation, it was concluded that the company remained non-compliant, attracting penal provisions under Section 172 of the Companies Act. The default dates were recorded as the filing dates of the financial statements.
Due to the above circumstances, penalties were imposed on the company and its directors.
Section 158 of the Companies Act, 2013 states that: "Every person or company, while furnishing any return, information, or particulars as are required to be furnished under this Act, shall mention the Director Identification Number in such return, information, or particulars in case such return, information, or particulars relate to the director or contain any reference of any director.”
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The order stated that the penalty must be paid via e-payment on the MCA website under "Pay miscellaneous fees" within 90 days of receiving this order, with proof of payment submitted to this office. An appeal can be filed with the Regional Director (Northern Region), Ministry of Corporate Affairs, New Delhi, 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 Office Uttar Pradesh, Kanpur.
To Read the full text of the Order CLICK HERE
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