Penalty for delay in filing of form 23c

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AnandKumar (Querist)
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27 June 2012 Our company is manufacturers of passenger car steerings,

I would like to know,

1. Cost Audit is Mandatory for 2012.
2. what is last day for filing of Form 23C.
3. If not filed within due date what is the penalty.

Ajay Mishra

Ajay Mishra (Expert)
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27 June 2012 Hi

PENALITIES
As per General Circular No. 15/2011, dated 11.04.2011, if a company contravenes any provisions of this circular (procedure for appointment of cost auditor), the company and every officer thereof who is in default, including the persons referred to in sub-section (6) of section 209 of the Companies Act, 1956 shall be punishable as provided under sub section (2) of section 642 read with sub-section (5) and (7) of section 209 and sub-section(11) of section 233B of the Companies Act, 1956.

Relevant provisions of non compliance by the company under Companies Act, 1956 are as follow:
Sub section (5) of section 209 provides that if any of the persons referred to in sub-section (6) fails to take all reasonable step to secure compliance by the company with the requirements of this section, or has by his own willful act been the cause of any default by the company there under, he shall, in respect of each offence, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both:

Provided that in any proceedings against a person in respect of an offence under this section consisting of a failure to take reasonable steps to secure compliance by the company with the requirements of this section, it shall be a defense to prove that a competent and reliable person was charged with the duty of seeking that those requirements were complied with and was in a position to discharge that duty:

Provided further that no person shall be sentenced to imprisonment for any such offence unless it was committed willfully.

Sub- section (6) of Section 209 provides that the persons referred to in subsection (5) are the following, namely:—
(a) where the company has a managing director or manager, such managing director or manager and all officers and other employees of the company; and
(b) where the company has neither a managing director nor manager, every director of the company;
Sub- section (7) of Section 209 provides that if any person, not being a person referred to in sub-section (6), having been charged by the managing director, manager or Board of directors, as the case may be, with the duty of seeing that the requirements of this section are complied with makes default in doing so, he shall, in respect of each offence, be punishable with imprisonment for a term which my extend to six months, or with fine which may extend to ten thousand rupees, or with both.

RELEVANT PROVISION OF SECTION 642 OF THE COMPANIES ACT 1956 IS AS UNDER:

Sub-section (2) of Section 642 provides that any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues.
NON COMPLIANCE BY COST AUDITOR
If default is made by the cost auditor in complying with the aforesaid provisions, he/she shall be punishable with fine which may be extended to Rs. 5000/-.

AnandKumar

AnandKumar (Querist)
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27 June 2012 Thank you sir,

can you please explain,

1. What is last date for filing of Form 23C
2. Delay in filing what is the penalty.

simple explanation can understand me well.

Ajay Mishra

Ajay Mishra (Expert)
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27 June 2012 Hi

The Company shall e-file its application with the Central Government on www.mca.gov.in portal, in the prescribed Form-23C within 90 days from the date of commencement of each financial year, along with the prescribed fee and other documents as per existing practice i.e.
(1) Certified copy of Board Resolution proposing appointment of the cost auditor; and
(2) Copy of Certificate obtained from the Cost Auditor regarding compliance of section 224(1B) of the Companies Act, 1956.

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