TaxTMI 
TaxTMI 
2019 (8) TMI 271
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....he Companies (Amendment) Ordinance, 2018 on 2nd November, 2018 and subsequently re-promulgated on 12th January, 2019. 2. The Applicants have filed the above application for compounding of default in compliance with the provisions of Sections 159 and 220 of the Companies Act, 1956 for not filing its annual return and balance sheet and profit and loss account for the financial year 2013-14. 3. Maximum fine prescribed under sections 162 and 220(3) of the companies Act, 1956 for violation of sections 159 and 220 of the Companies Act, 1956 respectively is as follows; 162. PENALTY AND INTERPRETATION a. If a company fails to comply with any of the provisions contained in section 159, 160 or 161. The company, and every offic....
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....rofit and loss account shall be filed with the Registrar separately : (b) [Omitted by the Companies (Amendment) Act, 1960.] Provided further that, - (i) in the case of a private company which is not a subsidiary of a public company, or (ii) in the case of a private company of which the entire paid-up share capital is held by one or more bodies corporate incorporated outside India, or (iii) in the case of a company which becomes a public company by virtue of section 43A, if the Central Government directs that it is not in the public interest that any person other than a member of the company shall be entitled to inspect, or obtain copies of, the profit and loss account of the company, no person ot....
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....nment of such sums as that Government may prescribe : Provided that the sum prescribed shall not, in any case, exceed the maximum amount of the fine which may be imposed for the offence so compounded: Provided further that in prescribing the sum required to be paid or credited for the compounding of an offence under this sub-section, the sum, if any, paid by way of additional fee under sub-section (2) of section 611 shall be taken into account. (2) Nothing in sub-section (1) shall apply to an offence committed by a company or its officer within a period of three years from the date on which a similar offence committed by it or him was compounded under this section. Explanation. - For the purposes of this ....
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....iance with any provision of this Act which requires a company or its officer to file or register with, or deliver or send to, the Registrar any return, account or other document, may, direct, by order, if it or he thinks fit to do so, any officer or other employee of the company to file or register with, or on payment of the fee, and the additional fee, required to be paid under section 611, such return, account or other document within such time as may be specified in the order. (5) Any officer or other employee of the company who fails to comply with any order made by the Central Government under sub-section (4) shall be punishable with imprisonment for a term which may extend to six months, or with fine not exceeding (fifty thou....
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....unded during the last 3 years. It is further represented that the company has filed the Balance Sheet and Annual Return for the Financial Year ended 31.03.2016. Further, it is also represented by the RoC in the report that no complaint has been received against the Applicant Company and that there is no inspection or investigation proceeding pending against the Applicant Company. 7. The plea made by the Applicant in the above company application and the documents annexed therewith and the report of the RoC have been taken into consideration. Further, in passing this order, this Tribunal is also guided by the Judgment of the Hon'ble NCLAT passed in Viavi Solutions India (P.) Ltd. & Ors v. Registrar of Companies NCT Delhi in relation t....