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2021 (7) TMI 561 - NATIONAL COMPANY LAW TRIBUNAL , ALLAHABAD BENCHCompounding of offence under Section 233B of the Companies Act, 1956 read with the Companies (Cost Audit Report) Rules, 2011 - Section 441 of the Companies Act, 2013 - delay in filing application is properly explained - HELD THAT:- From the case of Pahuja Takii Seed Ltd. & Ors. Vs. Registrar of Companies, NCT of Delhi & Haryana [2018 (11) TMI 195 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] it is clear that although the offence is punishable with fine not exceeding twenty-five lakh rupees in case of company, it could be compounded by the Tribunal. Section 441(6) of the Companies Act, 2013 as it stood amended with effect from 2nd November, 2018, gives power to this Tribunal to compound the offences punishable under the Companies Act, 2013 other than the offences punishable with imprisonment only or with imprisonment and fine irrespective of the pendency of prosecution even without permission of the Criminal Court. The amendment takes away the need of taking permission of Special Court - In the case on hand, even though prosecution is pending without seeking permission from the concerned Court, this Tribunal can compound the offence relying upon the aforesaid two judgments of the Hon'ble NCLAT and the amended Section 441(6) of Companies Act, 2013. The Tribunal being the Adjudicating Authority hereby compounds the said offence under Section 233B of the Companies Act, 1956 for the Financial year 2013-14 on payment of the compounding fee of ₹ 5000/- by the Applicant No. 1 Company and ₹ 40,000/- each by the Second and Third Applicants. The total compounding fee payable by the Applicants No. 1, 2 and 3 is ₹ 85,000/- - Applicants are directed to remit the compounding fee to the relevant 'Head of Accounts' of the Ministry of Corporate Affairs (MCA) by way D.D. or online payment, within three weeks from this date and report the compliance before this Tribunal on 26.07.2021. Petition disposed off.
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