{"id":369,"date":"2015-08-31T00:00:00","date_gmt":"2015-08-30T18:30:00","guid":{"rendered":""},"modified":"2015-12-29T12:09:29","modified_gmt":"2015-12-29T06:39:29","slug":"imperfection-in-professional-work-in-form-32-by-indrani-mukerjea","status":"publish","type":"post","link":"https:\/\/taxclick.org\/type\/company-law\/imperfection-in-professional-work-in-form-32-by-indrani-mukerjea\/","title":{"rendered":"Imperfection in professional work in Form 32 by Indrani Mukerjea"},"content":{"rendered":"
\n
\n

On
\n28.08.2015, I was watching DNA on Sheena Murder Case on Zee News. The reporter
\nSudhir Choudhary disclosed the companies in which the Indrani Mukerjea was acting
\nas Director. They showed on National Television the Form 32 being filed by the
\nIndrani for her resignation from the directorship of the company in 2009 from 9X
\nMEDIA PRIVATE LIMITED<\/strong>. Indrani was CEO and founder Director Promoter of
\nsuch company and left the management roles in March 2009. What was shocking to
\nthem was that Form 32 had been filed by the Indrani for giving her resignation
\nbut the photo attached along with her resignation letter in Form 32 was of her
\nEx Husband Sanjeev Khanna.<\/span><\/p>\n


<\/span><\/div>\n
This
\nmatter was disclosed by the reporter Sudhir Choudhary to create the connection
\nbetween Indrani Mukerjea and her Ex Husband Sanjeev Khanna that even after
\ntheir divorce in 2002 she kept the documents\/ photographs of her husband in her
\nrecords and provided the same in various departments which is the case where
\nshe had cheated MCA or the investor who may have invested in the company. DNA
\nrevealed that the Indrani, herself, was shocked that she even does not know
\nthat how all it happened.<\/span><\/div>\n

<\/span><\/div>\n

 If
\nwe look into the serious node under companies act 2013, the false statement\/
\ndocuments have been produced by the Indrani which will come under section 447
\nas Fraud which has been done intentionally to gain some advantage or to injure
\nthe interest of the company or its shareholders, and the punishment of the same
\nis imprisonment for at least 6 months which can be extended up to 10 years
\nunder the act. But as the mistake has been done under Companies Act 1956, where
\nno specific definition of fraud was given but still imprisonment of 2 years was
\nspecified under section 628.<\/span><\/p>\n


<\/span><\/div>\n

But to my mind, why Indrani was shocked
\nfor this, was not the fault of Indrani who had submitted the photo of her ex
\nhusband rather this could be because of the Professionals who might be CA, CS
\nor CWA who had submitted the documents on behalf of its clients and ignore the
\nimportant aspects of attachments at time of filing of Form 32 with MCA.<\/span><\/p>\n


<\/span><\/p>\n

Why I am emphasizing on Professionals
\nhere is just because the documents are submitted by the clients with CA\/CS\/CWA
\nand these are being uploaded at MCA by the professionals only via using their
\nDigital Signatures and via their login <\/span>provided by MCA.<\/p>\n<\/div>\n

<\/p>\n

 That\u2019s
\nwhy I have named my article as IMPERFECTION IN THE<\/strong>PROFESSIONAL WORK<\/strong>.
\nI am not blaming the Professionals here for their <\/strong>work but many a times,
\nunknowingly these mistakes happen. But what is happening during filing of
\ndocuments in no. of cases, is it right. This is not only the case of Indrani
\nbut in no. of companies the things are happening and this is just because of
\nthe nature of \u201cJANE DO\u201d by a no. of Professionals. If you download the
\ndocuments and e forms from the records of MCA for 10 companies, you will find
\nthe silly mistakes in 8 of the companies. The quantum of mistakes increase in
\ndocuments filed with respect to annual filings. As at that time because of
\ntension of last dates and heavy rush, professionals do not take the matter
\nseriously and they file the documents with incorrect attachments or
\nnon-attachments of important documents. In many of the companies, we may also
\nfind that the attachments of balance sheets and related documents attached in e
\nforms belongs to some other companies.<\/p>\n

<\/p>\n

 This nature of \u201cJane Do\u201d must be left
\napart at time of filing the documents with MCA
\nspecially as the documents now being filed with MCA are via online through STP
\nmode and once filed cannot be changed later on. In case of Income tax, when
\nsomeone realize about some mistake, he can revise the return but this not in
\ncase of ROC filings. Moreover, most of the documents are approved via STP and
\nnot being checked by the concerned Registrar instantly and no objection is
\nbeing raised from their end, in case wrong filing is done. So precautions must
\nbe taken by We Professionals only at time of filing of documents with the MCA\/
\nROC or with any other departments because filing of these documents may affect
\nour clients in future or in another way can hit the Professionals also. <\/div>\n
<\/div>\n

The
\nreason is that these mistakes are being noticed as documents filed with ROC are
\npublic documents and can be viewed by any person for any company by paying fees
\nof Rs. 100 with concerned Registrar of companies. Rather in other cases like
\nIncome Tax, Service tax, sales tax, no person can view documents of any other
\nunknown person from any departments. So Professionals especially we Company
\nSecretaries have to be cautioned in such cases.<\/p>\n

<\/p>\n

 What
\nsilly mistakes, we can notice many times when documents are inspected and
\ndownloaded from MCA Site are:<\/p>\n

 1.
\nAttachment of one company in E Forms of another company just like happened in
\ncase of Indrani while filing of her Form 32<\/p>\n<\/div>\n

\n

2.   Attaching
\nof unsigned documents with E Forms. Use of word \u201cSd\/-\u2019 in place of signatures
\nof Director on the documents.<\/p>\n

3.   In
\nmost of the cases, even the word \u201cSd\/-\u201d not being used and word is directly
\nconverted into .pdf and attached with E Forms<\/p>\n

4.   Scanning
\nnot clear. In most of the cases, the whole page is black and even a word is not
\nbeing able to read.<\/p>\n

5.   The
\nbasics of Section 12 are not followed by the companies in attachments of their
\nletter head i.e. not showing Registered Office address, email ids, phone nos.
\nwebsites names and CIN.<\/p>\n

 <\/p>\n

ROLE OF MCA TO AVOID SUCH
\nMISTAKES:<\/strong><\/p>\n

 The
\nministry is also cautious on this matter. That is the reason that MCA now has
\nstarted a Para for Professionals especially at end of each E Form which has
\nbeen reproduced as follows:<\/p>\n

 Certificate by practicing professiona<\/strong>l<\/p>\n

 I
\ndeclare that I have been duly engaged for the purpose of certification of this
\nform. It is hereby certified that I have gone through the provisions of the
\nCompanies Act, 2013 and Rules thereunder for the subject matter of this form
\nand matters incidental thereto and I have verified the above particulars
\n(including attachment(s)) from the original\/certified records maintained by the
\nCompany\/applicant which is subject matter of this form and found them to be
\ntrue, correct and complete and no information material to this form has been suppressed.
\nI further certify that:<\/p>\n

 i.   The
\nsaid records have been properly prepared, signed by the required officers of
\nthe Company and maintained as per the relevant provisions of the Companies<\/p>\n

 Act,
\n2013 and were found to be in order;<\/p>\n

 ii.  
\nAll the required attachments have been
\ncompletely and legibly attached to this form;<\/p>\n

 Moreover
\nat the end of every Form, special instructions in form of NOTE have been given
\nfor Professionals and for companies which has been reproduced as follows:<\/p>\n


<\/span>\n<\/div>\n

Note: Attention is drawn to provisions
\nof Section 448 and 449 which provide for punishment for false
\nstatement\/certificate and punishment for false evidence respectively.<\/strong><\/p>\n

Conclusion: Conclusion is only that the
\nProfessionals should in this Online Era of filing of returns and other
\ndocuments, should perform their work and duties with a responsibility with
\nperfection.<\/strong><\/p>\n

<\/a><\/p>\n<\/div>\n

<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

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