As per the provisions of the Companies Act, prosecutions are filed by the Ministry of Corporate Affairs (MCA) through Registrar of Companies against such companies which have not filed Financial Statements from time to time and there are 11,082 number of prosecutions filed by the MCA during the said period for non-filing of financial statements.
This was stated by Shri Anurag Singh Thakur, Union Minister for State for Finance & Corporate Affairs, in a written reply to a question in Lok Sabha on 2nd December, 2019.
The Registrar of Companies (RoCs) has power to remove the name of such companies from the Register of Companies, which have not filed Financial Statements or Annual Returns for a continuous period of two immediately preceding financial years provided they have not applied for the status of obtaining Dormant, under section 248 of the Companies Act, 2013.
Active companies, including real estate companies which have not filed the financial statements from the year 2014 onwards is as under:
| FY 2014-15 | FY 2015-16 | FY 2016-17 | FY 2017-18 | |
| No. of Active companies excluding real estate companies. | 107060 | 135979 | 82588 | 135570 |
| No. of Active real estate companies. | 4914 | 7436 | 3776 | 7266 |
During the Financial Year 2017-18 and 2018-19, ROCs had removed/struck off 3,38,963 companies u/s 248 of the Companies Act, 2013 including real estate companies for failing to file Financial Statements or Annual Returns for a continuous period of two or more financial years.
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