MCA IMPOSES PENALTY FOR NON-FILING OF INC-20A DECLARATION

SRN BPO SERVICES PRIVATE LIMITED Faces Penalty from MCA for Failure to File INC-20A Declaration

This office has forwarded a letter dated 27.01.2021 to the company’s registered office address, SCF: -725, INDRA MARKET JALALABAD(WEST) JALALABAD Firozpur PB 152024 IN. The mail sent to the registered office was returned undelivered on February 8, 2021, with the postmark “Locked”. Furthermore, this office has issued a Show Cause Notice to the company and its directors under Section 12(8) of the Companies Act, 2013, as amended by the Companies (Adjudication of Penalties) Rules, 2014, via this office letter No. ROC CHD/2023-24/12(8)/625 dated 08.11.2023. Notice addressed to the company’s registered office was returned undelivered with the postal remark “Addressee left without instructions”. 

 

Furthermore, the company’s directors have not responded. Thus, it is clear that the Company and its Directors failed to comply with the provisions of Sections 12(1) and 12(4) of the Companies Act, 2013, in maintaining the Company’s registered office, resulting in the penal provisions against the company and its officers in default mentioned in Section 2(60) of the Companies Act, 2013.

 

As a result, it is found that the company and its Managing Director failed to keep the registered office in good working order. As a result, the company and its Managing Director are liable for a penalty as prescribed under Section 12(8) of the Act for failing to maintain the registered office of the company, viz. M/s BECKONS INDUSTRIES LIMITED, for 1054 days, i.e., from 08.02.2021 (date of return of the letter dated 27.01.2021) to 28.12.2023 (till this date) in accordance with Section 12(1).

ORDER

As a result, a penalty of Rs.200,000 is imposed as stipulated under Sub-Section (8) of Section 12 of the Companies Act, 2013. The penalty is proportional to the Noticee’s failure, and the penalty imposed on the Officers-in-Default will be paid from their personal sources/income.

 

It is further directed that the penalty assessed be paid solely through the Ministry of Corporate Affairs portal, as specified in Rule 3(14) of the Company (Adjudication of Penalties) (Amendment) Rules, 2019, with notice to this office.



An appeal against this order may be filed in writing with the Regional Director (Northern Region), Ministry of Corporate Affairs, CGO Complex, Lodhi Road, New Delhi, within sixty days of receipt of this order, in Form ADJ, setting forth the grounds of appeal, and must be accompanied by a certified copy of the order. [Sections 454(5) and 454(6) of the Act, together with the Companies (Adjudication of Penalties) Rules, 2014].



Sections 454(8)(i) and 454(8)(ii) of the Companies Act, 2013, specify that non-payment of penalty amount may result in a punishment of up to five lakh rupees. And an officer in failure shall be punished with imprisonment for up to six months, a fine of not less than twenty-five thousand rupees but not exceeding one lakh rupees, or both.



G Akshay Associates