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Annual Filing for the Account Year commencing on or after 01-04-2011
The Ministry of Corporate Affairs has issued General Circular No. 30/2012 for filing e-forms 23AC (Non XBRL), 23ACA (Non XBRL) in revised format. In order to ensure smooth filing and to avoid last minute rush, it has specified due dates of filing of these forms as per Revised Schedule VI without any additional fees in the following manner:
- Company holding AGM (Annual General Meeting) or whose due date of holding AGM is on or before 20.09.2012; the time limit will be 03.11.2012 or due date of filing whichever is later.
- Company holding AGM (Annual General Meeting) or whose due date of holding AGM is on or after 21.09.2012; the time limit will be 22.11.2012 or due date of filing whichever is later.
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Can directly file annual returns without taking help of CA ?
What is appox penalty if we not file returns or any form for more than 3 years.
Let say company incorporated on oct,2012 and we done only auditor appointment .
Can we reduce any penalty at any cost ?
The company cannot file annual returns without help and digital signature of CS. The Company cannot file Balance sheet, profit or loss statement without signature of CA. The Government will issue show cause notice if annual forms not filed for many years and as per the penalty levied in notice, the company and every director shall be liable. You cannot reduce the penalty.
WHETHER AUDITOR HAS TO REPORT NON FILING OF BALANCE SHEET AND ANNUAL RETURN WITH ROC IN HIS AUDIT REPORT UNDER COMPANIES ACT 1956 FOR A PRIVATE LIMITED COMPANY.ALSO IF COMPANY HAS REPAID THE SECURED LOAN ,HOWEVER CHARGE DISCHARGE IS NOT FILED WITH ROC.WHAT IS THE RESPONSIBLITY OF AUDITOR IN THIS CASE.THIS IS THE PERIOD 2005-2006
REGARDS
Auditor prepares the Audit Report based upon Financial position and documents and information provided by the Management team, so the management team shall be responsible for any default specified in auditor report. The auditor’s responsibility is to prepare the statement of accounts and give opinion based upon financial position.
mam,
can u lease tell me the fee structue for filing various e forms.
23ac, 23aca, 20b, gnl2 and mgt 14
Please refer Chapter XXIV of Companies Act 2013 Registration offices and fees. You can see the amount of fees based upon amount of authorised i.e nominal capital
Mam,
Our company is a private limited and has not filed its financial statements (non-xbrl) with the ROC for the FY 2012-13. what would be the penalty if the company is not able to file the statements within OCT’15, 2014
The fees would depend upon the amount of Authorised capital of the company. When you upload the forms on mca.gov.in, you will directly get challan deducting 25 % of additional fees.
Madam,
Can we form LLP Company with a friend who will be running the business and i would be just a partner in the company. All activities will be taken care by him. I heard that there is some legal issue ….
Thanks
In LLP, the partner shall have equal rights, responsibility and powers.
Dear madam,
If a Pvt.Ltd.company does not file its annual returns to the office of ROC for 7-8 years and ROC declares the status of co. is as a defaulter/dormant co.and finally its name is struck off from the register.What is the legal status of business,done by the co.,after its declaration as a defaulter/dormant co.?Is it legal or illegal in the eye of law.?What is the position and status of its M.D.and directors?Please quote some important rulings and case law of Supreme Courts and High Courts on this point.
The company cannot do business once the name of company is struck off from the Register. It will be illegal to do that.
What would be the ‘Gross Value of Transaction as per AS-18’ in Forms
23 AC & ACA. Help section of the Form says that you have to put
capital items in Balancesheet (Form 23 AC) and revenue items in Profit
& Loss A/c (Form 23 ACA). What are capital items and revenue items?
Capital items are Authorised, Paid up, reserve & surplus, short of long term borrowings these are capital items. Profit, surplus or income are revenue items.
our pvt ltd company incorporated on 19-01-2012 with capital Rs.100000. first closure of account was made on 31-03-2013 ie fourteen months & 12 days. We have not yet held AGM and filed accounts and return with ROC. Please give us a guidance in detail regarding the procedure to be followed for compliance of above requirements.
Since the private limited company incorporated on 19.01.2012, the company should have held 1st AGM on 17. 07.2013.
whether a private limited co required to prepare annual report and send it to shareholders…?madam, a company has not filed its annual accounts viz. p&l and balance sheet for the two years i.e.10-11 and 11-12 what is the quantum of penalty that can be imposed by ROC ..?? i need to file the annual accounts of 12-13..? what would be the last date for that..?? plz help..
yes every Private Limited company is required to prepare annual report and send it to shareholders. After holding annual general meeting, the company shall be required to file balance sheet and profit and loss account within 30 days from holding AGM and annual return within 60 days from date of AGM. The quantum of penalty will depend upon amount of authorised capital and which is mentioned in Chapter X of Companies Act.
Thanks a lot mam,for your kind assistance..
i received my incorporation certificate on 01.12.2011 and i have audited the balance for 1.12.11 to 31.03.12 but have not filled roc.is it possible that can i file roc along with the period of 1.4.12 to 31.3.13.Please reply
Since the company is incorporated on 01.12.2011, the audited Balance sheet for the Financial Year end 31.03.2012 and 31.03.2013 should be filed with Registrar of Companies separately.