Duplicate DINS are there so unable to file ROC forms
ADVAITA ASSOCIATES
Dear Members,
One of our clients was allotted a DIN in 2010, which was not used. Later, during LLP incorporation in 2021, another DIN was applied and allotted without knowledge of the earlier DIN. Now, while doing MCA filing/KYC, the portal is showing an error: “PAN against latest DIN not linked.”
We have initiated/are planning DIR-5 for surrender of the duplicate DIN, but MCA is asking to proceed through e-Adjudication for duplicate DIN. Kindly guide if anyone has handled similar duplicate DIN adjudication matters before ROC/RD, preferably in Hyderabad. We mainly need support for drafting, e-Adjudication filing, hearing representation, and penalty mitigation.
Thanks.
RiseUpBiz Solutions
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manpreet hora
Arun Kumar Maitra
You must immediately pivot from filing Form DIR-5 to initiating a suo motu e-Adjudication application under Section 454.
The Ministry of Corporate Affairs (MCA) portal blocks the processing of a standard Form DIR-5 (Surrender of DIN) if the system detects that a second DIN was active. Holding multiple DINs violates Section 155 of the Companies Act, 2013, which carries absolute strict liability. The Registrar of Companies (ROC) will not approve the surrender until the violation period is legally adjudicated and penalized.
Handling duplicate DIN matters—particularly under the jurisdiction of the ROC Hyderabad (Telangana)—requires aggressive mitigation. Recent local orders, such as the Chukkamamamba Sri Velamati case, saw ROC Hyderabad impose an initial ₹27.46 Lakh penalty for long-standing multi-DIN possession.
Execute the Step-by-Step e-Adjudication Procedure
Follow this precise workflow to navigate the e-Adjudication system and rectify the error:
[Step 1: Draft Suo Motu Application]
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[Step 2: File Form GNL-1 / ADJ Portal]
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[Step 3: Attend e-Hearing & Plead Mitigation]
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[Step 4: Receive Order & Pay via Personal Funds]
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[Step 5: File Form INC-28 to Merge/Surrender]
CA CS Arun Kumar Maitra
Prahalad Kumar
Arun Kumar Maitra
Because the MCA Helpdesk does not have the administrative rights to manually clear system flags or override hard blocks, you must follow the precise steps below at the Registrar of Companies (ROC) office:
1. Obtain a Clean Company Master Data Printout
Before going to the ROC, log in to the MCA portal and fetch your Company Master Data alongside the Index of Charges / Signatory Details. Verify if there is any actual prosecution recorded under the "prosecution details" section at the bottom. If it is blank, it confirms a technical glitch.
2. Draft a Formal Representation Letter
Address a physical letter to the Registrar of Companies under your regional jurisdiction. Structure the letter with the following points:
- Explain that the company ceased operations in 2019 and all filings are compliant up to the date business was active.
- State the Service Request Number (SRN) of the successfully filed/approved Form MGT-14.
- Provide the exact error screenshot showing the block on Form STK-2.
- Explicitly state that no physical summons, show-cause notices, or prosecution proceedings have ever been served or are pending against the directors or the company.
3. Visit the ROC Technical / Technical Cell Desk
Request a meeting with the ROC Technical Cell or the officer in charge of e-filings. They must log in using their internal back-end portal to review the "Pending E-forms / Flag Status" for your Corporate Identification Number (CIN). The technical team can manually flush the system cache or untick the glitch flag, allowing your STK-2 form to pass pre-scrutiny.
4. Prepare for Potential Delayed Filing Explanations
Since the business was closed in 2019, if your MGT-14 was filed recently, ensure you have your paid challans ready. The ROC might verify if additional late fees or Section 117 penalties were cleared. This ensures they don't hold the form for actual adjudication.
CA CS Aru Kumar Maitra
Prahalad Kumar
FCS Puja Mohan
Puja Mohan & Associates
Company Secretaries
ICSI Unique Code: S2023WB934600