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Received show cause notice for not submitting report on time


21-Jun-2023 (In Corporate Law)
We have received a Show Cause Notice from ROC under Section 233B(7) of the Companies Act, 1956 regarding filing of Cost Audit Report with Central Government for the financial year ended on 31.03.2012, 31.03.2013, 31.03.2014 and 31.03.2015. How should I proceed for compounding the offence or if I get the Report from Cost Auditor in back date then is it possible to pray the ROC for allowing us to file this Report as it was inadvertently left out at cost. Kindly guide with procedure and legality. Thanks
Answers (5)

Answer #1
720 votes
The show cause notice needs to be legally vetted. Thereafter it would be possible to comment on the course of action regarding compounding of offence et al in accordance with the statutory provisions of the Companies Act.

Answer #2
897 votes
Question: We have received a Show Cause Notice from ROC under Section 233B(7) of the Companies Act, 1956 regarding filing of Cost Audit Report with Central Government for the financial year ended on 31.03.2012, 31.03.2013, 31.03.2014 and 31.03.2015. How should I proceed for compounding the offence or if I get the Report from Cost Auditor in back date then is it possible to pray the ROC for allowing us to file this Report as it was inadvertently left out at cost. Kindly guide with procedure and legality. Thanks


You need to go for compounding
Answer #3
853 votes
What is content of notice?
If you share the content of notice then i will guide you properly.
It is prime important to have notice reply to ROC as early as possible.
don't try for back dated work it is use less for you rather it hamper more.
What is content of notice?
If you share the content of notice then i will guide you properly.
It is prime important to have notice reply to ROC as early as possible.
don't try for back dated work it is use less for you rather it hamper more.
Answer #4
741 votes
Greetings,
Nothing to worry you may visit the roc office and file the audit report with them, u may require to pay the fine also and close the case there itself. If it is not done they may file criminal case against the directors of the company
Answer #5
832 votes
Dear Friend, first of all a 'Show Cause' notice has been issued so you just have to reply with proper reasons. Only when your reply is not satisfactory than an offense is registered in your case. So you should consult a CS for the reply and make representation in ROC if necessary after reply.

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