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TMI Blog2024 (11) TMI 881X X X X Extracts X X X X X X X X Extracts X X X X ..... try of Corporate Affairs at New Delhi. - [A. K. Sethi, ICLS] Adjudicating Officer Registrar of Companies, West Bengal 1. Appointment of Adjudicating Officer: Ministry of Corporate Affairs vide its Gazette Notification No A-42011/112/2014-Ad.II dated 24.03.2015 appointed undersigned as Adjudicating Officer in exercise of the powers conferred by section 454 of the Companies Act, 2013 [herein after known as Act] read with Companies (Adjudication of Penalties) Rules, 2014 for adjudicating penalties under the provisions of this Act. 2. Company: WHEREAS Company KHATTU HOUSING SOLUTIONS PRIVATE LIMITED [herein after known as Company] is a registered company with this office incorporated on 18.08.2005 under the provisions of Companies Act, 1956 h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation to offer, thereby this office is of view that violation of Section 158 of The Companies Act 2013 exists. 2. Section 158 : 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 the director. Section 172 : If a company is in default in complying with the requirements of this section 158, the company and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with a further penalty of five hundred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve and the said amendment act was operative prospectively and as such for the alleged offence the punishment was fine only and the offence was continuing one in nature in view of the same no penalty can be imposed for the said alleged offence on the company and its directors under section 172 of the Companies Act, 2013 had become operational w.e.f 21.12.2020 so you have no power whatsoever to adjudicate under the Companies (Adjudication of Penalties) Rules, 2014 for the offence if at all committed on or before 21.12.2020. (ii). As per section 468 of the Code of Criminal Procedure, 1973 if for any offence punishment is fine only the period of limitation to prosecute is six months. If for any offence punishment is imprisonment for a term of e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ought on the same subject, the line of enquiry would be not whether the new Act expressly keeps alive, old rights and liabilities but whether it manifests an intention to destroy them. Ile new Act in the instant case i.e., the Companies (Amendment) Act, 2019 clearly manifestly an intent to treat the violations which are only technical to be adjudicated by in-house process. Further, Section 454 of the Companies Act also makes it clear that where after adjudication and person either does not pay penalty or fails to comply with the order of adjudication, he is liable for punishment, either fine or imprisonment. Therefore, the object of the amendment Act is to give an opportunity to the person to comply with the provision and only after the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompanies (Adjudication of Penalties) Rules, as per table below for violation of section 158 of the Act: Name of the Company/ Director-in-default Period and Amount of Default (in Rs. ) Maximum Penalty imposed (in Rs.) 1. KHATTU HOUSING SOLUTIONS PRIVATE LIMITED (For the FY ended 2014-15) 50,000*1 years = 50,000 50,000 2. ISHAN AGARWAL (Director) (For the FY ended 2014-15) 50,000*1 years = 50,000 50,000 3. VISHWANATH AGARWAL (Director) (Deceased) (For the FY ended 2014-15) - NIL Total penalty payable 1,00,000 3. The concerned noticees shall pay the said amount of penalty individually for the company and its director (out of own pocket) by way of e-payment [available on Ministry website www.mca.gov.inl under Pay miscellaneous fees category in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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