Sweet (Pvt.) Ltd. has committed a default which is in violation of the provisions of the Companies Act, 2013. No specific penalty or punishment is provided in the Act for the said default. Decide the quantum of punishmen

CS Executive · Company Law · PYQS · June 2016
Sweet (Pvt.) Ltd. has committed a default which is in violation of the provisions of the Companies Act, 2013. No specific penalty or punishment is provided in the Act for the said default. Decide the quantum of punishment for contravention where no specific penalty or punishment is provided under the Companies Act, 2013.

Answer & Explanation:

Quantum of Punishment for Default by Sweet (Pvt.) Ltd. To decide the quantum of punishment for a contravention where no specific penalty or punishment is provided under the Companies Act, 2013, we refer to the general penalty provision. Relevant Legal Provision: Section 450 of the Companies Act, 2013, deals with the punishment for contravention where no specific penalty or punishment is provided. It states that: If a company or any officer of the company or any other person contravenes any of the provisions of this Act or the rules made thereunder, or any condition, limitation, or restriction subject to which any approval is given or granted, for which no penalty or punishment is provided elsewhere in the Act, then: The company and every officer thereof who is in default or such other person shall be punishable with a fine which may extend to ₹10,000 . Where the contravention is a continuing offence, with a further fine which may extend to ₹1,000 for every day during which the contravention continues after the first during which it is so proved. Application to the Case: Sweet (Pvt.) Ltd. has committed a default in violation of the Companies Act, 2013, and the problem explicitly states that no specific penalty or punishment is provided in the Act for this default. Conclusion: Therefore, for the violation committed by Sweet (Pvt.) Ltd., the company and every officer in default shall be governed by the provisions of Section 450 of the Companies Act, 2013. They will be liable to a fine of up to ₹10,000, and if the contravention is continuing, an additional fine of ₹1,000 per day for each day the default continues.

Topics: Offences & Penalties

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