ROC Kolkata Imposes Penalty Under Section 450 for Incorrect AOC-4 Filing with Unadopted Financial Statements
Overview of the Adjudication Order
The Registrar of Companies, Kolkata I, has passed an adjudication order under Section 454 of the Companies Act, 2013, penalising a Kolkata-based private limited company and its certifying director for submitting a statutory e-form containing erroneous particulars. The violation pertains to Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014, read with Section 450 of the Companies Act, 2013. The order, bearing reference Order ID: PO/ADJ/06-2026/WB/02466, was issued on 30th June 2026.
Details of the Company and Individuals Involved
| Particulars | Details |
|---|---|
| Company Name | VRIDDHI COMMERCIAL PRIVATE LIMITED |
| CIN | U51109WB1995PTC073950 |
| Registered Office | Acropolis, 13th Floor, 1858/1, Rajdanga Main Road, Kasba, Kolkata, West Bengal – 700107 |
| Officer in Default | NITESH KUMAR GUPTA (DIN: 08756907) |
| Adjudicating Authority | Registrar of Companies, ROC Kolkata I |
Appointment of the Adjudicating Officer
Pursuant to the Ministry of Corporate Affairs' Gazette notification bearing number S.O. 698(E) dated 10/02/2026, the undersigned was formally designated as the Adjudicating Officer under Section 454 of the Companies Act, 2013, read with the Companies (Adjudication of Penalties) Rules, 2014, for the purpose of adjudicating penalties as prescribed under the Act.
Relevant Legal Provisions
Rule 8(3) — Companies (Registration Offices and Fees) Rules, 2014
Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014 casts a clear and non-delegable duty on both the authorised signatory and the certifying professional (if any) to ensure the accuracy of the contents of any e-form filed on the MCA portal, as well as the correctness of all enclosures attached thereto.
Section 450 — Companies Act, 2013
Section 450 of the Companies Act, 2013 provides the residual penalty mechanism for contraventions of any provision of the Act or rules framed thereunder, where no specific penalty is prescribed elsewhere. The provision reads as follows:
"If a company or any officer of a company or any other person contravenes any of the provisions of this Act or the rules made thereunder, or any condition, limitation or restriction subject to which any approval, sanction, consent, confirmation, recognition, direction or exemption in relation to any matter has been accorded, given or granted, and for which no penalty or punishment is provided elsewhere in this Act, the company and every officer of the company who is in default or such other person shall be liable to a penalty of ten thousand rupees, and in case of continuing contravention, with a further penalty of one thousand rupees for each day after the first during which the contravention continues, subject to a maximum of two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is in default or any other person."