ROC Chhattisgarh Penalty: Rs.4.50 Lakh for Non-Filing of Form PAS-6

ROC Chhattisgarh Penalty: Rs.4.50 Lakh for Non-Filing of Form PAS-6. This article highlights the adjudication proceedings initiated by the Registrar of Companies (ROC), Chhattisgarh, under Section 454 of the Companies Act, 2013, against Shree Nakoda Infratech Limited for violation of Section 450 of the Act.The company failed to file the Reconciliation of Share Capital Audit Report (Form PAS-6) for the half-year ended 30 September 2021, as required under Rule 9A(8) of the Companies (Prospectus and Allotment of Securities) Rules, 2014.
Section 450 provides a general penalty for any contravention under the Act or rules where no specific penalty is prescribed. Under this provision, a company and every officer in default are liable to a penalty of Rs.10,000 and, in case of continuing contravention, Rs.1,000 per day, subject to a maximum of Rs.2,00,000 for the company and Rs.50,000 for each officer.
Applicable Provisions
According to Rule 9A(8) of the Companies (Prospectus and Allotment of Securities) Rules, 2014, every unlisted public company must submit Form PAS-6 to the Registrar within sixty days from the conclusion of each half-year, duly certified by a company secretary or chartered accountant in practice.
Failure to file the said form attracts penal provisions under Section 450 of the Companies Act, 2013. The adjudication of such penalties is governed by Section 454 read with the Companies (Adjudication of Penalties) Rules, 2014, empowering the ROC to determine and impose penalties.
Facts of the Case
The case pertains to Shree Nakoda Infratech Limited (CIN: U70102CT2014PLC001317) and its directors:

Raj Kumar Agarwal (DIN: 00043440)

Ramesh Chandra Goel (DIN: 00309349)

Anant Dave (DIN: 02481182)

Vikram Goel (DIN: 06817827)

Amit Raj (DIN: 10799288)

During scrutiny of the company’s records, it was observed that the company failed to file Form PAS-6 for the half-year ended 30.09.2021, thereby violating Rule 9A(8).
In response to the Show Cause Notice, a reply was filed by Mr. Raj Kumar Agarwal on behalf of the company and its directors. An e-hearing was conducted on 18 June 2025, where CS Shubham Kankani, Company Secretary in Practice, appeared for the company and officers in default.
The company contended that:

It was a small-sized, non-operational entity.

It had not obtained an ISIN, which made filing PAS-6 impossible.

The non-compliance was unintentional and later rectified on 18 April 2025.

However, the ROC rejected these explanations, observing that filing Form PAS-6 is mandatory for all unlisted public companies, irrespective of operational or financial status.
Penalty Imposed by Registrar of Companies
After examining the records and submissions, the ROC, Chhattisgarh, imposed penalties under Section 450 of the Companies Act, 2013, as detailed below:

Violation of Section

Name of Company/Director

Rectification of Default

Penalty Amount (Rs.)

Maximum Limit under the Act (Rs.)

Section 450 – Non-filing of Form PAS-6

Shree Nakoda Infratech Limited (CIN: U70102CT2014PLC001317)

Not rectified within due time

2,00,000

Section 450 – Same

Raj Kumar Agarwal (DIN: 00043440)

Not rectified within due time

50,000

Section 450 – Same

Ramesh Chandra Goel (DIN: 00309349)

Not rectified within due time

50,000

Section 450 – Same

Anant Dave (DIN: 02481182)

Not rectified within due time

50,000

Section 450 – Same

Vikram Goel (DIN: 06817827)

Not rectified within due time

50,000

Section 450 – Same

Amit Raj (DIN: 10799288)

Not rectified within due time

50,000

The total penalty-imposed amounts to Rs.4,00,000 (Rs.2,00,000 on the company and Rs.50,000 each on five directors).
The order further directed payment within 90 days through the MCA e-Adjudication portal, and clarified that penalties must be paid from personal funds of the officers in default.
An appeal may be filed before the Regional Director (RD), Ahmedabad within 60 days from receipt of the order, as per Section 454(5) and (6).
Conclusion
The ROC Chhattisgarh held that non-filing of Form PAS-6 constitutes a clear violation under the Companies Act, 2013, regardless of the company’s financial or operational status.
This order reinforces that compliance obligations apply uniformly to all companies, active or dormant. Excuses such as lack of business operations or ISIN cannot absolve directors from statutory duties.
Companies are therefore advised to:

Maintain regular compliance tracking systems,

Ensure timely filing of half-yearly and annual returns,

Avoid penalties under Section 450 which can accumulate quickly and impact both company reputation and director accountability.

Download MCA Adjudication Order

This article highlights the adjudication proceedings initiated by the Registrar of Companies (ROC), Chhattisgarh, under Section 454 of the Companies Act, 2013, against Shree Nakoda Infratech Limited for violation of Section 450 of the Act.
The company failed to file the Reconciliation of Share Capital Audit Report (Form PAS-6) for the half-year ended 30 September 2021, as required under Rule 9A(8) of the Companies (Prospectus and Allotment of Securities) Rules, 2014.

Section 450 provides a general penalty for any contravention under the Act or rules where no specific penalty is prescribed. Under this provision, a company and every officer in default are liable to a penalty of Rs.10,000 and, in case of continuing contravention, Rs.1,000 per day, subject to a maximum of Rs.2,00,000 for the company and Rs.50,000 for each officer.

Applicable Provisions

According to Rule 9A(8) of the Companies (Prospectus and Allotment of Securities) Rules, 2014, every unlisted public company must submit Form PAS-6 to the Registrar within sixty days from the conclusion of each half-year, duly certified by a company secretary or chartered accountant in practice.

Failure to file the said form attracts penal provisions under Section 450 of the Companies Act, 2013. The adjudication of such penalties is governed by Section 454 read with the Companies (Adjudication of Penalties) Rules, 2014, empowering the ROC to determine and impose penalties.

Facts of the Case

The case pertains to Shree Nakoda Infratech Limited (CIN: U70102CT2014PLC001317) and its directors:

Raj Kumar Agarwal (DIN: 00043440)
Ramesh Chandra Goel (DIN: 00309349)
Anant Dave (DIN: 02481182)
Vikram Goel (DIN: 06817827)
Amit Raj (DIN: 10799288)

During scrutiny of the company’s records, it was observed that the company failed to file Form PAS-6 for the half-year ended 30.09.2021, thereby violating Rule 9A(8).

In response to the Show Cause Notice, a reply was filed by Mr. Raj Kumar Agarwal on behalf of the company and its directors. An e-hearing was conducted on 18 June 2025, where CS Shubham Kankani, Company Secretary in Practice, appeared for the company and officers in default.

The company contended that:

It was a small-sized, non-operational entity.
It had not obtained an ISIN, which made filing PAS-6 impossible.
The non-compliance was unintentional and later rectified on 18 April 2025.

However, the ROC rejected these explanations, observing that filing Form PAS-6 is mandatory for all unlisted public companies, irrespective of operational or financial status.

Penalty Imposed by Registrar of Companies

After examining the records and submissions, the ROC, Chhattisgarh, imposed penalties under Section 450 of the Companies Act, 2013, as detailed below:

Violation of Section	Name of Company/Director	Rectification of Default	Penalty Amount (Rs.)	Maximum Limit under the Act (Rs.)
Section 450 – Non-filing of Form PAS-6	Shree Nakoda Infratech Limited (CIN: U70102CT2014PLC001317)	Not rectified within due time	2,00,000	2,00,000
Section 450 – Same	Raj Kumar Agarwal (DIN: 00043440)	Not rectified within due time	50,000	50,000
Section 450 – Same	Ramesh Chandra Goel (DIN: 00309349)	Not rectified within due time	50,000	50,000
Section 450 – Same	Anant Dave (DIN: 02481182)	Not rectified within due time	50,000	50,000
Section 450 – Same	Vikram Goel (DIN: 06817827)	Not rectified within due time	50,000	50,000
Section 450 – Same	Amit Raj (DIN: 10799288)	Not rectified within due time	50,000	50,000

The total penalty-imposed amounts to Rs.4,00,000 (Rs.2,00,000 on the company and Rs.50,000 each on five directors).

The order further directed payment within 90 days through the MCA e-Adjudication portal, and clarified that penalties must be paid from personal funds of the officers in default.

An appeal may be filed before the Regional Director (RD), Ahmedabad within 60 days from receipt of the order, as per Section 454(5) and (6).

Conclusion

The ROC Chhattisgarh held that non-filing of Form PAS-6 constitutes a clear violation under the Companies Act, 2013, regardless of the company’s financial or operational status.

This order reinforces that compliance obligations apply uniformly to all companies, active or dormant. Excuses such as lack of business operations or ISIN cannot absolve directors from statutory duties.

Companies are therefore advised to:

Maintain regular compliance tracking systems,
Ensure timely filing of half-yearly and annual returns,
Avoid penalties under Section 450 which can accumulate quickly and impact both company reputation and director accountability.