ROC Kolkata Levies Rs. 4 Lakh Fine on Tractel Tirfor India Pvt Ltd for Failing to Maintain an Active Registered Office
The Registrar of Companies (ROC), Kolkata, has issued a stringent adjudication order penalizing an assessee company and its directors for neglecting core statutory compliance. The regulatory authority imposed a cumulative penalty of Rs. 4,00,000 on Tractel Tirfor India Pvt Ltd and its key managerial personnel for violating the mandatory provisions of Section 12(1) of the Companies Act, 2013. The core issue revolved around the assessee company's failure to maintain a functional registered office capable of receiving official communications and legal notices.
This decisive action underscores the Ministry of Corporate Affairs' (MCA) zero-tolerance policy towards corporate entities that operate without a verifiable physical presence, thereby evading regulatory scrutiny and stakeholder communication.
Genesis of the Investigation
The regulatory intervention was not unprompted. The ROC initiated the compliance check based on a formal grievance.
- Initial Complaint: The regulatory office received a formal complaint from Amrex Marketing Private Limited on 01.12.2023, raising concerns that necessitated an inquiry into the operational status of the assessee company.
- Issuance of Notice: Acting on this grievance, the ROC dispatched a formal communication under
Section 206(1)of theCompanies Act, 2013on 21.02.2025, seeking information and clarifications from the assessee company and its directors. - Undelivered Communication: The postal authorities returned the official communication marked as unclaimed. This return served as prima facie evidence that the assessee company was not maintaining a functional registered office at its declared address on Ganesh Chandra Avenue, Kolkata.