Gyan Gurukul- CS Divesh Goyal Show Cause Notice for delay in finling BEN-2

[Bharat Kapoor]

Dear All

In our company, we had received BEN-1 from SBO on 16.04.2021 and accordingly, due date of filing BEN-2 with the ROC was 16.05.2021. Due to COVID restriction MCA vide its circular no 11/2021 dated 30.06.2021 had extended the timelines for filing forms which were due during 01.04.2021 to 31.07.2021, upto 31.08.2021 without any additional fees. Accordingly, Company filed BEN-2 with ROC on 02.08.2021 which we understand there is no non compliance of Section 90(4). 

But we have received a Show Cause Notice from ROC levying penalty for 105 days delay in filing BEN-2. As per my understanding, the Company had filed the BEN-2 with the time period in accordance with MCA Circular dated 30.06.2021.

Please correct me if anything is missed by me. 

Best Regards

Bharat Kapoor

[Hinna Garg]

We have also received such notice for 2 companies. Please advise.

--
If you want to join our Whatsapp Group "Gyan Gurukul" for quick updates on Recent Amendments and resolution of Queries, drop message to us on our whatsapp no 8130757966 (mention your Profession, Name, City).
---
You received this message because you are subscribed to the Google Groups "Gyan Gurukul - CS Divesh Goyal" group.
To unsubscribe from this group and stop receiving emails from it, send an email to gyan-gurukul-cs-dive...@googlegroups.com.
To view this discussion on the web visit https://groups.google.com/d/msgid/gyan-gurukul-cs-divesh-goyal/CACqmDZA9z%2BYaUL%2B%2BgPpwWXrZMp6hbduovf%2B8Y5t6FZj2HtV-kw%40mail.gmail.com.

[Bharat Kapoor]

In my opinion, when MCA had granted extension for filing of all forms due to COVID and we had filed the forms within the extended period, there was no non-compliance of Section 90(4) of the Companies Act.

 

Best Regards

Bharat Kapoor

Company Secretary

To view this discussion on the web visit https://groups.google.com/d/msgid/gyan-gurukul-cs-divesh-goyal/CAANijaKX-vhpKg%2BwqrkFtuxmgJfJWjZxw%2BEbEpOuCv49ecPVuA%40mail.gmail.com.

[mohit gulati]

Hi,

As per my understanding, in case where there is actual delay in filing. Then in such case a reply should be filed with a request that the Applicant company will go for Compounding of offence, then in such case penalty can be reduced by RD otherwise the ROC has power to adjudicate the matter to maximum penalty.

Thanks & Regards

PCS Mohit Gulati 

To view this discussion on the web visit https://groups.google.com/d/msgid/gyan-gurukul-cs-divesh-goyal/CACqmDZD4OqxQgzNxbx77nHaVwZhNfK39vTdo%3Dn_DMv63kdTSrw%40mail.gmail.com.

[Arun Kumar Maitra]

True but in the relevant case, extension of time was granted by the MCA without payment of additional fees.

Then how can they levy penalty?

To view this discussion on the web visit https://groups.google.com/d/msgid/gyan-gurukul-cs-divesh-goyal/CALWa%2BxFZuWLqwXjqJqfO6zCqgb9tuK1uj3pRUQPoF%2BZkDwCGHA%40mail.gmail.com.

[Bharat Kapoor]

I fully agree with Arun Ji.. When extension was granted by MCA, what is the relevance of extension, if they levy penalty ?

Best Regards

Bharat Kapoor

To view this discussion on the web visit https://groups.google.com/d/msgid/gyan-gurukul-cs-divesh-goyal/CA%2Ber3hgQPCeVJ-b09eNczObNj3uH1moK1et6aOKeo%2BW%3DGr%2Bh%3DQ%40mail.gmail.com.

[PRERNA PODDAR]

Please note that this is a system generated mail which has been received by many companies.

Link has been provided in the mail itself for submitting the reply. 

WE can submit the same stating that there is no non compliance since extension has been provided.

Thanks & Regards,

PRERNA B. PODDAR

Company Secretary

1301-1304, Addor Aspire,

Near Jhanvi Restaurant,

Opp. Regional Passport Office, Panjrapole- University Road,

Panjrapole, Ahmedabad- 380015

email: csprern...@gmail.com

(m) : +91 9510124980  

 

On Sat, Jun 17, 2023 at 5:52 PM Bharat Kapoor <csbhar...@gmail.com> wrote:

[Meena Routela]

Hello Respected Professional,

Please provide drafts documents forConversion of OPC company to Private company

On Sat, Jun 17, 2023 at 5:52 PM Bharat Kapoor <csbhar...@gmail.com> wrote:

[CS KUSHAL]

Can Anyone Please provide the format of BEN-1 and BEN-2 for Reference. 

If anyone has Other Company.

To view this discussion on the web visit https://groups.google.com/d/msgid/gyan-gurukul-cs-divesh-goyal/CAHaR8Mq5UT06q8ZcxSTp%3D7bKX5exhObVwiKub5gXrfeJ7DB3UQ%40mail.gmail.com.

--

Thanks and Regards,

Kushal

(CS & LLB)

Mob :   +91-9711510045