Adjudication order for violation of section 143 of Companies Act, 2013 in the matter of M/S. Ankit Krishna & CO.

, Application No. RD/ER/4541 1if, ^q tr'peal lSl[ 4 I BEFORE THE REGIONAL DIRECTOR, EASTERN REGION MINISTRY OF CORPORATE AFFAIRS. KOLKATA. IN THE MATTER OF THE COMPANIES ACT,2013 -AND- IN THE MATTER OF C.A. Ankit Kumar M/S.Ankit I{rishna & CO. CHARTERED ACCOUNTANTS ROOM NO. 502, BLOCK - E 1, SUBHASH NAGAR HOUSING COMPLEX, RISHRA, HOOGHLY _ 7 12249, WEST BENGAL, INDIA For Elite Realcon Private Limited (crN - u45400w820 lOPTC 142960l -AND- IN THE MATTER OF Application under section 454 (5) of The Companies Act, 2Ol3 for preferring an Appea1 against the penalty order dated 29.05.2023 of Registrar of Companies, Kolkata, West Bengal passed for violating the provisions of section 143 of the Companies Act, 2013. -AND- llPage

C.A. Ankit Kumar M/S. Ankit Krishna & CO. CHARTERED ACCOUNTANTS ROOM NO. 502, BLOCK - E 1, SUBHASH NAGAR HOUSING COMPLEX, RISHRA, HOOGHLY _712249, WEST BENGAL,INDIA For Elite Realcon Private Limited (crN - u45400WB20 lOPTC 142960) APPELLANT Date of Hearing 13.05.2025 Present Shri Chanchal Kumar Jain, Ld. Advocate for the Appellant ORDER

1. The present Appeal has been preferred under section 454 (5) of the Companies Act, 2OI3 read with the provisions of the Companies (Adjudication of Penalties) Rules, 2Ol4 vide Form ADJ bearing SRN no. F62926076 dated 05.08.2023 by the aforesaid appellant against the penalty order dated 29.05.2023 passed by the Adjudicating Authority i.e. Registrar of Companies, Kolkata, West Bengal for violation of section 143 of the Companies Act 2Ol3 and communicated to the appellant vide letter no ROC/ADJ l2023l t383L2l 2l9l - 2195 dated 29.O5.2O23. The A has been filed within prescribed time limit i.e. 60 (sixty) required under section 454 (6) of the Companies Act, 2013. 2lPage

2. The office of the Registrar of Companies, Kolkata, West Bengal had issued Adjudication notice for violation of section 143 of the Act vide letter no. ROC/ADJl2O22l138312 dated 13.09.2022 to the Auditor in default for violation of Section 143(2) and 143(3) of Companies Act,

3. In this regard, a reply dated 29.09.2022 to the adjudication notice was received from the company for aforesaid Adjudication notice to the ROC, Kolkata.

4. Considering the above facts and circumstances of the case, the Adjudicating Authority had imposed Penalty for violation of section 143 of the Act as under :- Penalty imposed U/S 450 of the Companies Act, 2OL3 against the defaulters (First Default = Rs. 10,000. Continuing Default = Rs. 1000/day. Subject to maximum Rs. 2,00,000 in case of Company and Rs. 50,000 in case of Officer - in - default and any other person) Ankit Kumar (FOR THE F.Y. 201s -16) M/S.Ankit Krishna & CO., CHARTERED ACCOUNTANTS AMOUNT (ln Rs.) lst Instance Rs. 10,000/- 2nd Instance Rs. 10,000/- 3rd Instance Rs. 10,000/- 4th Instance Rs. 10,000/- 5ft Instance Rs. 10,000/- TOTAL (ln Rs.) Rs. 50,000/- -a?.'''d;tt rf-fi' u.r^ 3lPage

5. Having Considered the facts and circumstances of the case and after taking into account the facts stated above, ROC, Kolkata imposed a penalty of Rs 50000/- (fifty thousands only) on the Auditor for F.Y 2OL5- 16 (Five instances) for the violation of Section 143 of Companies Act,2013.

6. The appeal was heard on 13.O5.2025. The Authorised Representative Shri Chanchal Kumar Jain, Learned Counsel was asked to make submission regarding infirmity in the order of Registrar of Companies, the Authorised Representative submitted the following grounds: That Adjudication of penalty under section 450 of CA2O13 cannot be imposed for the alleged offences committed for the years 2OlO-2011 to 2015-20L6 retrospectively. In this connection it is stated that adjudication order passed by ROC, Kolkata does not relate to financial year 2}l)-ll,2OlL-12,20L2-lg, 2013- 14 & 20t4-t5.

7. As such no ground is made out u/ s asa() of the companies Act, 2oLs under which the order can be modified. Accordingly, the undersigned by virtue of the power vested under section 454(7) of the Companies Act, 20 13 read with the Companies (Adjudication of Penalties) rules, 2074 confirms the order of the Registrar of companies, west Bengal dated 29 I oS /2023 4lPage 0,f , b tbl tt ln t*

8. The Appellant of the company shall pay the amount of penalty from out of his own pocket. The amount of penalty shall be paid within a period of 90 days from the date of receipt of the copy of this order.

9. Further, if the Appellant fail to deposit the penalt5r amount within the prescribed time limit, action under section 454(8) (ii) of the Companies Act,2013 shall be initiated against the Auditor.

10. The instant Appeal stands disposed of accordingly V (Rakesh Kumar Tiwari) REGIONAL DIRECTOR (ER) Copy to:- 5lPage Signed this the#,h, of October, 2025 C.A. Ankit Kumar M/S.Ankit Krishna & CO. CHARTERED ACCOUNTANTS 5A, M.B Sarani, 4th Floor, Kolkata-700040, West Bengal.

11. The Registrar of Companies, Kolkata, West Bengal, for information in respect of his letter no. Roc/ ADJ l2023lgsl6 dated 18.12.2023

12. The officer in charge, E-Gov. cell, Ministry of corporate Affairs, Sth-Floor, A wing Shastri Bhavan, New Delhi-110b01,-wiih a request to upload this Order on the website of the Ministry f T
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