Delay of 304 Days in Filing INC‑20A: MCA Imposes Penalty of ₹50k on Company and ₹1 Lakh on Director [Read Order]
As per the provision of Section 10A, the company was required to file form INC-20A on or before 19.07.2023, i.e. within 180 days from the date of incorporation.
![Delay of 304 Days in Filing INC‑20A: MCA Imposes Penalty of ₹50k on Company and ₹1 Lakh on Director [Read Order]](https://images.taxscan.in/h-upload/2026/01/07/2117535-delay-of-304-days-in-filing-inc-taxscan.webp "Delay of 304 Days in Filing INC‑20A: MCA Imposes Penalty of ₹50k on Company and ₹1 Lakh on Director [Read Order]")
The Ministry of Corporate Affairs (MCA) has imposed a penalty of Rs 50,000 on a company and Rs 1 lakh on the director for a delay of 304 days in filing INC-20A as per Section 10A of the Companies Act, 2013, within 180 days from the date of its incorporation. The case arose from the Adjudication Application made under Section 454 of the Companies Act, 2013 for violation of...
The Ministry of Corporate Affairs (MCA) has imposed a penalty of Rs 50,000 on a company and Rs 1 lakh on the director for a delay of 304 days in filing INC-20A as per Section 10A of the Companies Act, 2013, within 180 days from the date of its incorporation.
The case arose from the Adjudication Application made under Section 454 of the
Companies Act, 2013 for violation of Section 10A.
The company Anunnaki International India Private Limited was incorporated on 20.01.2023 and in terms of the provision of Section 10A, the company was required to file form INC-20A on or before 19.07.2023, i.e. within 180 days from the date of incorporation.
The company had stated that it was unable to file E-Form INC 20A in the prescribed period of 180 days due to lack of professional guidance and knowledge.
Later, the said E-Form INC-20A was filed on 18.05.2024. Hence, there was a delay of 304 days, i.e., From 20.07.2023 to 18.05.2024.
A show-cause notice was issued, and the company, in its reply, sought a hearing in the matter. However, CS. Abhinav Agarwal, the authorised representative of the company, requested a waiver of hearing in the matter as all relevant facts and documents were provided.
Further, in the reply, it was submitted that Mr. Bhabesh Nath was appointed as an Additional Director only on 10.06.2024, whereas the alleged default occurred well before his appointment
, and Ms. Rupali Aggarwal was appointed as a Non-Executive Director in a professional capacity. Thus, Mr. Bhabesh Nath and Ms. Rupali Aggarwal cannot be considered as officers-in-default. The submission was taken into consideration while imposing a penalty.
The company's argument that it should be considered a small company was also refused. Thus, a fine of Rs 50,000 was imposed on the company, and Rs 1 lakh was imposed only on one director Giyora Greenberg.
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