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2019 (1) TMI 1826

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..... total by applicant/defaulters herein, stated in the Defaulters list, shall be sufficient as a deterrent for not repeating the impugned default in future. The imposed remittance shall be paid by way of Demand Draft drawn in favour of Pay and Accounts Officer, Ministry of Corporate Affairs. Mumbai within 30 days from the receipt of this order. This Compounding is, therefore, disposed of. - CP .....

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..... nts required to be attached under subsection (1), duly signed along with the statement of facts and reasons for not holding the annual general meeting shall be filed with the Registrar within thirty days of the last date before which the annual general meeting should have been held and in such manner. 3. The Ld. RoC has also reported that the Applicant Company has made the default good by filin .....

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..... ded u/Section 137(3) of the Act, which is relevant in this Case, is as follows:- Section 137(2):where the annual general meeting of a company for any year has not been held, the financial statements along with the documents required to be attached under sub-section (1), duly signed along with the statement of facts and reasons for not holding the annual general meeting shall be filed with the .....

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..... any such director, all the directors of the company, shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both. 6. This Bench has gone through the Application of the Applicants/Defaulters herein and the Report submitted by the RoC and also the submissions made .....

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..... 8. This Compounding Application No. 1723 of 2018 is, therefore, disposed of on the terms directed above. Needless to mention, the offence shall stand compounded subject to the remittance of the Compounding Fee imposed. A compliance report, therefore, shall be placed on record. Only thereafter the Ld. RoC shall take the consequential action. 9. Ordered accordingly. - - TaxTMI - TMITax - Co .....

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