CSR – Penalty for Failure to Transfer to Unspent CSR Account / Fund
## Penalty for Non-Transfer of Unspent CSR Amount
If a company fails to transfer the unspent CSR amount to the prescribed fund (Schedule VII fund) or to the Unspent CSR Account, monetary penalties are imposed.
### Penalty Structure
Defaulter
Penalty (Whichever is Lower)
Company
(a) Twice the amount required to be transferred, OR (b) ₹1 crore
Officer in Default
(a) 1/10th (one-tenth) of the amount required to be transferred, OR (b) ₹2 lakh
### Memory Aid
Company: 2× or ₹1 cr — lower
Officer: 1/10× or ₹2 lakh — lower
### Note
This is a civil penalty (not a fine), reflecting the post-2020 decriminalisation of Section 135 defaults.
Worked example
### Example 1
Example: PQR Ltd. failed to transfer ₹40 lakh of unspent CSR amount to a Schedule VII fund.
Company penalty: Lower of (2 × ₹40 lakh = ₹80 lakh) OR ₹1 crore → ₹80 lakh.
Officer in default: Lower of (1/10 × ₹40 lakh = ₹4 lakh) OR ₹2 lakh → ₹2 lakh.
### Example 2
Example: If unspent amount = ₹6 crore:
Company: Lower of (2 × ₹6 cr = ₹12 cr) OR ₹1 cr → ₹1 crore.
Officer: Lower of (1/10 × ₹6 cr = ₹60 lakh) OR ₹2 lakh → ₹2 lakh.
⚠️ Common exam mistakes
Applying 'whichever is higher' instead of 'whichever is lower'.
Confusing the company's 2× multiplier with the officer's 1/10 multiplier.
Treating the penalty as a fine (criminal) rather than a civil penalty.
Bare-Act text Section 135(7) · Companies Act, 2013 · click to expand
If a company is in default in complying with the provisions of sub-section (5) or sub-section (6), the company shall be liable to a penalty of twice the amount required to be transferred by the company to the Fund specified in Schedule VII or the Unspent Corporate Social Responsibility Account, as the case may be, or one crore rupees, whichever is less, and every officer of the company who is in default shall be liable to a penalty of one-tenth of the amount required to be transferred by the company to such Fund specified in Schedule VII, or the Unspent Corporate Social Responsibility Account, as the case may be, or two lakh rupees, whichever is less.