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Show Cause Notices issued by MCA for non-compliance with the Cost Audit Provisions:
The notices have been served electronically as envisaged in Section 20 of the Companies Act 2013 in section 148.
Sub-section (8) of Section 148 of the Act states "If any default is made in complying with the provisions of this section, (a) the company and every officer of the company who is in default shall be punishable in the manner as provided in sub-section (1) of section 147; (b) the cost auditor of the company who is in default shall be punishable in the manner as provided in sub-sections (2) to (4) of section 147."
Section 147. (1) If any of the provisions of sections 139 to 146 (both inclusive) is contravened, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with both. (2) If an auditor of a company contravenes any of the provisions of section 139, section 143, section 144 or section 145, the auditor shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees:
Show Cause Notice under Section 148 (8) of the Companies Act, 2013 (Act) XYZ LIMITED
1.WHEREAS, it has been found from our records that your company falls under the ambit of Cost Audit but has failed to submit the Cost Audit Report for the Financial Year 2014-15 within the statutory time limit prescribed by Sec. 148(6) of the Act and Rule 6 of Companies (Cost Records and Audit) Rules, 2014 (Rules) read with first proviso to Sec. 403(1) of the Act. Accordingly, sub-section (6) of Section 148 of the Act has been contravened.
2. WHEREAS, as per sub-section (8) of Section 148 of the Act, "If any default is made in complying with the provisions of this section, the company and every officer of the company who is in default shall be punishable in the manner as provided in sub-section (1) of section 147; the cost auditor of the company who is in default shall be punishable in the manner as provided in sub-sections (2) to (4) of section 147."
3. Now, therefore the addressees, being the Company and its officers, are hereby called upon to show cause as to why action shall not be taken to initiate prosecution under clause (a) of sub-section (8) of Section 148 read with section 147(1) of the Act for contravention of section 148(6) of the Act read with sub-rule (5) and (6) of Rule 6 of the Rules.
4. Please take notice that if no reply is received or cause shown within 21 days from the date of issue of this notice, necessary prosecution against the company and all its officers who are in default shall be launched in the Court.
5. Your attention is invited to the provisions of Section 441 of the Act for compounding of the said offence.
6. In term of the provision of Section 20 of the Act, the notice is hereby being served on the company and all its officers who are in default at the registered office of the company by electronic mode on the email id provided by the company on MCA Portal.
7. Company is requested to bring this notice in the knowledge of its officers in default, immediately upon its receipt. GST is aligned with the cost audit and only smooth implementation of cost audit provisions and expansion of cost audit regime can help the companies to demand for the due share under GST in the form of reduced rates and the government based on the authentic data can take calls under GST regime with regard to anti-profiteering, valuations etc.
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