SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
FORM
12b-25
Commission
File Number: 000-53238
NOTIFICATION
OF LATE FILING
(Check
One): [X] Form
10-K [ ] Form
11-K [ ] Form
20-F [ ] Form
10-Q [ ] Form N-SAR
For
Period Ended: September 30,
2008
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Transition
Report on Form 10-K
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Transition
Report on Form 10-Q
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Transition
Report on Form 20-F
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Transition
Report on Form N-SAR
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Transition
Report on Form 11-K
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For the
Transition Period Ended:
_________________________
Read attached instruction sheet before
preparing form. Please print or type.
Nothing in this form shall be construed
to imply that the Commission has verified any information contained
herein.
If the notification relates to a
portion of the filing checked above, identify the Item(s) to which notification
relates:
Part
I. Registrant Information
Full name
of registrant: CEMTREX,
INC.
Former
name if applicable:_________________________
Address
of principal executive office (Street and
number): ` 19 Engineers Lane
City,
State and Zip Code: Farmingdale, New York
11735
Part
II. Rule 12b-25 (b) and (c)
If the subject report could not be
filed without unreasonable effort or expense and the registrant seeks relief
pursuant to Rule 12b-25(b), the following should be completed. (Check
appropriate box.)
[ X ]
(a) The reasons described in reasonable detail in Part III of this
form could not be eliminated without unreasonable effort or
expense;
[ X
] (b) The subject annual
report, semi-annual report, transition report on Form 10-K, 20-F, 11-K or Form
N-SAR, or portion thereof, will be filed on or before the 15th
calendar day following the prescribed due date; or the subject quarterly report
or transition report on Form 10-Q, or portion thereof will be filed on or before
the fifth calendar day following the prescribed due date; and
[ ] (c) The
accountant's statement or other exhibit required by Rule 12b-25(c) has been
attached if applicable.
Part
III. Narrative
State
below in reasonable detail the reasons why Form 10-K, 11-K, 20-F, 10-Q, N-SAR or
the transition report portion thereof could not be filed within the prescribed
time period. (Attach extra sheets if needed.)
The
registrant is unable to file its Annual Report (the "Annual Report") on Form
10-K for its year ended September 30, 2008 by the prescribed date of December
29, 2008 due to a delay with finalizing its results of operations for such
period. The registrant intends to file the Annual Report by January
13, 2009.
Part
IV. Other Information
(1) Name and telephone
number of person to contact in regard to this notification
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Renato DelaRama
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631-756-9116
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(Name)
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(Area code) (Telephone
number)
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(2) Have all other periodic
reports required under Section 13 or 15(d) of the Securities Exchange Act
of 1934 or Section 30 of the Investment Company Act of 1940 during the
preceding 12 months or for such shorter period that the registrant was required
to file such report(s) been filed? If the answer is no, identify
report(s).
[X] Yes [ ] No
(3) Is it anticipated that
any significant change in results of operations from the corresponding period
for the last fiscal year will be reflected by the earnings statements to be
included in the subject report or portion thereof?
[
] Yes [X] No
If so, attach an explanation of the
anticipated change, both narratively and quantitatively, and, if appropriate,
state the reasons why a reasonable estimate of the results cannot be
made.
CEMTREX,
INC.
(Name
of registrant as specified in charter)
Has
caused this notification to be signed on its behalf by the undersigned thereunto
duly authorized.
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Dated:
December 29, 2008
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By
/s/ Renato
DelaRama
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Chief
Financial Officer
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ATTENTION
Intentional
misstatements or omissions of fact constitute Federal criminal violations (see 18 U.S.C.
1001).