Schiffer & Menezes India Private Limited Vs Registrar Of Companies, Goa

National Company Law Tribunal Mumbai Bench 22 Mar 2021 Company Petition No. 2359/441/MB/C-II Of 2018 (2021) 03 NCLT CK 0039
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Company Petition No. 2359/441/MB/C-II Of 2018

Hon'ble Bench

H.P. Chaturvedi, J; Ravikumar Duraisamy, Member (Technical)

Advocates

Vidisha Poonja

Final Decision

Disposed Of

Acts Referred
  • Companies Act, 2013 - Section 134, 134(3)(o), 134(8), 135, 135(1), 135(5), 198, 441

Judgement Text

Translate:

Particulars,Amount (Rs.)

Net Profit before tax for the year 31.03.2012,"13,74,15,555

Net Profit before tax for the year 31.03.2013,"18,73,62,032

Net Profit before tax for the year 31.03.2014,"15,77,60,437

TOTAL PROFIT FOR 3 YEARS

( As per section 198 of CA 2013)","48,25,38,024

AVERAGE PROFIT,"16,08,46,008

2% of the Average Profits to be spent in the year

2015.","32,16,920.16

Amount required to be spent on CSR,"32,16,920.16

Punishment,

“Section 134(8): If a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be",

less that fifty thousand rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default shall be,

punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than fifty thousand rupees.,

9. It is noticed that the Company has transferred a sum of Rs. 65,00,000/- (Rupees Sixty Five Lakh) to the Konkan Development Society, Goa and",

has made the default good. The said receipts of proof are on record.,

10. On examination of the circumstances as discussed above and after considering the submissions made, a Compounding Fee of Rs. 50,000-/-",

(Rupees Fifty Thousand only) by the Company and Rs. 1,00,000/- (Rupees One Lakh only) each by the 3 Directors herein i.e. in total Rs 3,50,000/-",

(Rupees Three Lakh Fifty Thousand only) shall be sufficient as a deterrent for not repeating the impugned default in future. The imposed remittance,

shall be paid by way of Demand Draft drawn in favour of “Registrar of Companiesâ€​ within 30 days from the receipt of this order.,

11. This Compounding Application bearing CP No. 2359/441/MB/C-II/ 2018 is, therefore, disposed of on the terms directed above. Needless to",

mention the offence shall stand compounded subject to the remittance of the Compounding Fee imposed. A compliance report, therefore, shall be",

placed on record. Thereafter the Ld. RoC shall take the consequential action.,

12. Ordered accordingly. To be consigned to Records.,

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