Incorrect MGT-7 Filing: ROC Kolkata Fixes Responsibility on Certifying Director and Company

The Registrar of Companies, Kolkata I, has passed an adjudication order under Section 454 of the Companies Act, 2013 in the case of VRIDDHI COMMERCIAL PRIVATE LIMITED, arising from a wrongly filed Form MGT-7 for FY 2024-25. The order clarifies that:

  • Any e-form filed on the MCA portal with incorrect particulars or attachments amounts to a contravention of Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014, and
  • Such contravention attracts penalty under Section 450 of the Companies Act, 2013, even if the company subsequently files a request for administrative rectification.

The adjudication specifically fastens liability on the company and the certifying director, treating the incorrect recording of AGM details in Form MGT-7 as a completed default.

Background of the Adjudication Proceedings

Appointment of Adjudicating Officer

The Ministry of Corporate Affairs, through Gazette notification number S.O. 698(E) dated 10/02/2026, appointed the Registrar of Companies, Kolkata I, as the Adjudicating Officer under the powers conferred by Section 454 of the Companies Act, 2013.

This appointment authorizes the Adjudicating Officer to:

  • Examine violations under the Companies Act, 2013 and the rules made thereunder, and
  • Levy penalties in accordance with the Companies (Adjudication of Penalties) Rules, 2014.

Company and Individual Covered by the Order

The adjudication pertains to:

  • Company: VRIDDHI COMMERCIAL PRIVATE LIMITED

    • CIN: U51109WB1995PTC073950
    • Registered office: ACROPOLIS, 13TH FLOOR, 1858/1, RAJDANGA MAIN ROAD KASBA NA KOLKATA KOLKATA WEST BENGAL INDIA 700107

  • Officer/Director: NITESH KUMAR GUPTA, identified as the certifying director for the relevant filing, having DIN 08756907.

The proceedings focus on their role in filing an annual return in Form MGT-7 that contained inaccurate information relating to the holding of the Annual General Meeting (AGM).

Section 450 – Residual Penalty Provision

Section 450 of the Companies Act, 2013 operates as a residuary penalty clause. It applies where:

  • A company, any officer of the company, or any other person breaches a provision of the Act or rules made thereunder,
  • Or violates a condition, limitation or restriction attached to any approval, sanction, consent, confirmation, recognition, direction or exemption,
  • And where no specific penalty or punishment is separately prescribed under the Act for such contravention.

Under Section 450, the consequences are:

  • A basic penalty of ₹10,000 on the company and on each officer in default or other concerned person, and
  • In case the contravention continues, an additional penalty of ₹1,000 per day after the first day,
  • Subject to a cap of ₹2,00,000 for the company and ₹50,000 for each officer in default or other person.

Rule 8(3) – Responsibility for Correctness of E-Forms

Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014 provides that:

The authorized signatory and the professional, if any, who certify an e-form are responsible for ensuring that the contents of the e-form and all attachments are correct.

This rule directly places accountability on:

  • The company’s authorized signatory, and
  • Any professional or director certifying the e-form,

for accuracy and completeness of statutory filings made through the MCA electronic registry.

Facts Leading to the Violation

Incorrect MGT-7 Filing for FY 2024-25

For the financial year 2024-25, VRIDDHI COMMERCIAL PRIVATE LIMITED filed its annual return in Form MGT-7 as follows:

  • Form filed on: 15 December 2025
  • SRN of filed form: AB9798961
  • Processing status: STP (Straight Through Processing) approved

In this filing: