Notice u/s 159/166/210/220

komal shah (Querist) 22 March 2014 This query is : Resolved
The company has received notice u/s 159/166/210/220. Please suggest me the required detailed procedure to go for compounding.

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Kuummaar AS (Expert) 23 March 2014
Please make your query clear. You have received notice under which act and what is stated in the notice. Mention details.

If the notice is under Companies Act,1956 the position is as under":

Offences under various Sections of Companies Act 1956 (‘the Act’) can be classified into following five categories:

a) Offences punishable with fine only;
b) Offences punishable with fine or imprisonment;
c) Offences punishable with fine or imprisonment or both;
d) Offences punishable with imprisonment only;
e) Offences punishable with imprisonment and also with fine.

As per Section 621A of the Act, offences committed by a company or any officer thereof under the above first three categories are compoundable whereas offences under remaining two categories are not compoundable.

Further, offences under other Acts like Employees’ Provident Funds & Misc. Provisions Act 1952 or Employees’ State Insurance Act 1948 cannot be compounded under Section 621A of Companies Act.

Rajendra K Goyal (Expert) 23 March 2014
State full facts.

Guest (Expert) 23 March 2014
Reply notice based on facts, if not agreed to the contents of the notice. otherwise be prepared to defend the case suitably through an able lawyer.

T. Kalaiselvan, Advocate Online

(Expert) 25 March 2014
Yes as advised issue a reply notice denying the entire allegations, on the basis of which, be prepared to face the case before the court.

Kuummaar AS (Expert) 25 March 2014
The notice must be for

1.not preparing profit and loss account and balance sheet within 6 monthos of the close of the financial year.

2. not holding annual general meeting and placing before it profit and loss account, balance sheet and other documents.

3. not filing annual accounts with the registrar of companies

4.not filing annual return of the company.

The above allegations cannot be denied.

WHY ARE YOU SILENT KOMAL SHAH JI?

komal shah (Querist) 26 March 2014
The company has received notice under the companies act 1956. The Company wish to go for strike off. But unless these notice is not cleared one cannot go for strike off. What is the detailed procedure for the same.

komal shah (Querist) 26 March 2014
The Companies paid up capital is 5 Lacs. What would be the approximate cost if the company goes for compounding

Kuummaar AS (Expert) 26 March 2014
In the absence of exact details about the company as well as of the notice received by the company,providing correct advice is not possible.

komal shah (Querist) 26 March 2014
ok. thank you

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