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Company secy not required to disclose non-filing of previous year's annual return: Court

Press Trust of India  |  New Delhi 

A of a private firm is not mandated to disclose non-filing of balance sheet, profit and loss account and annual return for the previous financial year in his compliance certificate, a court has said.

acquitted a of the charges of filing fake certificate, while accepting the submissions of his that the law does not provide any format for indicating the 'non-filings' by the in the compliance certificate.

Singh had told the court that accused Kapil Saluja, who was the company secretary of Infolance Software Solutions Ltd, was not "duty bound" under the provisions of Companies Act to indicate the non-filings by the firm in his compliance report.

According to the complaint filed by then of Companies NCT of and Haryana, the accused being the company secretary had not mentioned in compliance certificate for the year 2012-13 that the firm was in default in filing of the balance sheet, profit and loss account and annual return for the previous financial year 2011-12.

"The law only provides for declaration of the forms and returns as filed by the company and it does not provide any format for indicating the 'non filings'," the had told the court.

In its order, the said, "In view of the above discussion and evidence on record, I am satisfied that the complainant has not proved the documents as per law being admissible evidence."

"Even otherwise, the allegations of false statement against the accused are not made out. I am satisfied that complainant has failed to prove the allegations against the accused beyond reasonable doubt. Hence, accused is acquitted of allegation levelled against him," the said.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Sun, August 12 2018. 11:05 IST
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