The Compounding order for an offence under the Companies Act, 2013 in case of VVC Ltd. was issued by the compounding authority for offences by the company and the Directors of the Company as Officer in Default. The Compa

CS Professional · Compliance Management, Audit and Due Diligence · PYQS · June 2024
The Compounding order for an offence under the Companies Act, 2013 in case of VVC Ltd. was issued by the compounding authority for offences by the company and the Directors of the Company as Officer in Default. The Company VVC Ltd. has paid the compounding fee. However, one of the Directors who is also a party to the compounding as officer in default feels that compounding fee is high and he would like to go for an appeal against the Order of Compounding Authority. Evaluate whether the aforesaid Director of VVC Ltd. will be allowed to make an appeal against the high compounding fee, imposed on him by the Compounding Authority.

Answer & Explanation:

No appeal against order of composition: A person having agreed to the composition of offence is not entitled to challenge the said proceeding by filing an appeal [SV Bagi vs. State of Karnataka (1992) 87 STC 138] No penalty or prosecution after compounding: In PP Varkey vs. STO (1999) 114 STC 224 (Bom HC DB), it was held that once an offence is compounded, penalty or prosecution proceeding cannot be taken for same offence. No challenge to the compounding Order: In S Visvanathan vs. state of Kerala (1993) 113 STC 182 (Ker HC DB), it was held that once the matter is compounded, neither department nor assessee can challenge the compound order. The department cannot reopen the matter on the reason that actual suppression was much higher. In view of the reasons and case Laws cited above the director will not be allowed to make an appeal.

Topics: Companies Act, 2013 / Compliance Management

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