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UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington , D.C. 20549 FORM 10 - K [ X ] ANNUAL REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES ACT OF 1934 For the fiscal year ended September 30 , 2020 OR [ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES ACT OF 1934 Delaware ( State or other jurisdiction of incorporation or organization ) Commission File Number 001-37464 CEMTREX , INC . ( Exact name of registrant as specified in its charter ) CEMTREX 276 Greenpoint Ave. Suite 208 , Brooklyn , NY ( Address of principal executive offices ) Title of Each Class Common Stock , $ 0.001 par value per share Preferred Stock , Series 1 $ 0.001 par value per share Series 1 Warrants 30-0399914 11222 ( Zip code ) Registrant telephone number , including area code : 631-756-9116 Securities registered pursuant to Section 12 ( b ) of the Act : Large accelerated filer [ ] Non - accelerated filer [ ] ( I.R.S. Employer Identification No. ) Name of Each Exchange on Which Registered The NASDAQ Capital Market The NASDAQ Capital Market The NASDAQ Capital Market Securities registered pursuant to Section 12 ( g ) of the Act : Common Stock , $ 0.001 par value per share Indicate by check mark if the registrant is a well - known seasoned issuer , as defined in Rule 405 of the Securities Act . Yes [ ] No [ X ] Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15 ( d ) of the Exchange Act . Yes [ ] No [ X ] Indicate by check mark whether the registrant ( has filed all reports required to be filed by Section 13 or 15 ( d ) of the Securities Exchange Act of 1934 during the preceding 12 months ( or for such shorter period that the registrant was required to file such reports ) , and ( 2 ) has been subject to such filing requirements for the past 90 days . Yes [ X ] No [ ] Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S - T ( § 232.405 of this chapter ) during the preceding 12 months ( or for such shorter period that the registrant was required to submit such files ) . Yes [ X ] No [ ] Indicate by check mark whether the registrant is a large accelerated filer , an accelerated filer , a non - accelerated filer , or a smaller reporting company . See the definitions of “ large accelerated filer , ” “ accelerated filer , ” “ smaller reporting company , ” and “ emerging growth company " in Rule 12b - 2 of the Exchange Act . ( Check one ) : Accelerated filer [ ] Smaller reporting company [ X ] Emerging growth company [ ] If an emerging growth company , indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13 ( a ) of the Exchange Act . [ ] Indicate by check mark whether the registrant has filed a report on and attestation to its management's assessment of the effectiveness of its internal control over financial reporting under Section 404 ( b ) of the Sarbanes - Oxley Act ( 15 U.S.C. 7262 ( b ) ) by the registered public accounting