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2019 (5) TMI 827 - NATIONAL COMPANY LAW TRIBUNAL - HYDERABAD BENCHCompounding of offence - non-compliance with the CSR initiatives - for violation of provisions of section 134(3)(o) read with section 135 of the Companies Act, 2013 - delay in amount required to be spent for CSR Activities - HELD THAT:- As per section 441(1) this Tribunal has power to compound any offence under the Companies Act, 2013 except an offence punishable with imprisonment only or punishment with imprisonment and also with fine. The present offence does not fall in the above two categories and hence the offence can be compoundable. The respondent already instituted prosecution in the Court of Special Judge for Economic Offences at Hyderabad. As per section 441(1) of the Companies Act, 2013 this Tribunal has power to compound an offence even after institution of any prosecution. Hence this offence can be compounded. I have seen the certified copy of the extract of board resolution dated January 23, 2018 of the petitioner-company wherein the board of directors resolved for filing the compounding petition. After considering the material on record and after taking into account the submissions made by counsel that lenient view may be taken, I hereby levy a compounding fee for delay in complying section 135 of the Companies Act, 2013 on the company and directors - the compounding fee levied shall be paid by the company and directors within 15 days from the date of this order. Call this matter on May 6, 2019 for compliance.
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