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Tribunals and CommissionsDivision Bench(2020) 12 NCLT CK 0154

Dhiraj Investments Company vs REGISTRAR OF COMPANIES, Goa

National Company Law Tribunal · Decided on 24 December 2020

HON’BLE JUDGES
H.P. Chaturvedi, J · Ravikumar Duraisamy, Member (Technical)
RESULT
Disposed Of
CASE NUMBER
Company Petition No. 709/441/MB/C-II Of 2018

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Judgment

26 paragraphs · 350 words

Particulars,Amount

Net Profit before tax for the year 31.03.2012,"20,0864,582

Net Profit before tax for the year 31.03.2013,"6,75,59,601

Net Profit before tax for the year 31.03.2014,"6,76,95,148

TOTAL PROFIT FOR 3 YEARS

( As per section 198 of CA 2013)","33,61,19,331

AVERAGE PROFIT,"11,20,39,777

2% of the Average Profits to be spent in the year 2015.,"22,40,795.54

Amount required to be spent on CSR,"22,40,795.54

cent. of the average net profits of the company made during the three immediately preceding financial years, in pursuance of its Corporate",

Social Responsibility Policy:â€​,

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.,

10.

It is noticed that the Company has transferred a sum of Rs. 13,27,450/- to the Prime Ministers National Relief Fund and has made the default",

good. The said receipts of proof are on record.,

11.

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. 50,000/- (Rupees Fifty thousand each only) by the 2 Directors herein i.e. Rs 1,50,000/- in total",

(Rupees One Lakh and 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 Companies†within 30 days from the receipt of an authentic,

copy of this order.,

12.

This Compounding Application bearing CP No. 709/441/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.,

13.

Ordered accordingly. To be consigned to Records.,