Notice recieved

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Sub: -�Notice for false statement under Sec 448 of the Companies Act, 2013 This is with reference to the Form AOC-4 filed by your company for the Financial Year ended on 3/31/2015 (MM/DD/YYYY), wherein it is stated that the company is engaged in production of goods having CETA headings, which are prescribed under the Companies (Cost records and Audit) Rules, 2014 and as per the financial statements submitted by the company for the financial year ended on 31/03/2014, the annual turnover of the company for that year was ?558929694?. 2.�������� It may be noted that as per the abovementioned information, maintenance of cost records is mandatory for the company for the financial year 2014-15 as per Section 148(1) of the Companies Act, 2013 read with Rule 3 of the Companies (Cost Records and Audit) Rules, 2014. However, you have stated in AOC-4 filed by the company that the company is not mandated to maintain the cost records under the abovementioned Rules. 3.�������� It, prima facie, appears that you have made a false statement which is punishable under section 448 read with section 447 of the Companies Act, 2013. 4.�������� In view of the above, you are directed to explain the reasons for such incorrect reporting, within fifteen days from the issue of the date of this notice, through speed post only. � how to reply to this notice as the company is engaged in trading only not in production
Replies (13)

We have also received same notice from MCA. However Our Company is already maintaining Cost Records and the fact has also been mentioned in CARO.

How do you deal with this matter?

We too have received the same and in e-form AOC-4, mistakenly ticked the option as COST RECORDS  - NOT APPLICABLE. What stand can we take up in this type of matter?

I think a reply is a must. Any member visiting MCA must ask there why such  notices r being sent.

Please tell how do you deal with this matter???

 

Please tell how do you deal with this matter???

 

No idea i have asked my cs to reply on this matter
The notice has been served by mca cost audit branch

Hello arjun,

 

one of my client received the similar notice can you please share what action did u take on the matter

thanks for the help

regards

We have replied to the notice, giving reasons for such a mistake and till date we did not receive any reply as such.

thank you ajayji for the reply.

in your case was there any mistake from your side?

in my case i have reviewed the docements multiple times and didnt find any mistake in of reporting manufacturing activity anywhere still i dont understand why have they sent the notice.

 

 

Please check whether COST RECORDS are applicable to your company check turnover and also cost rules

and also check the e-form AOC-4 filed from your end.

If there is no error from your end then the notice issued is invalid.

the company is a trading company in ferrous and non ferrous metal and no type of manufacturing activity is even taken up by the company.

as per my knowledge and reading of rules only company in production of items is required to keep cost records for a trading company there is no such requirement.

if you know any such requirement applicable to trading company than please share.

 

thank you


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