Due Dates of Annual ROC Return Filing Related to FY 2017-18 By Jaya Ahuja


Dear Professionals,

As we know that there is a lot of confusion regarding Due Dates of Annual ROC Return Filing and as there is also a recent amendment (dated 7th May 2018) regarding this, I have tried to simplify the said subject.

Hope you find it useful, and can ask query in this matter (if any).

Due Dates of Annual ROC Return Filing related to FY 2017-18

According to the provisions of Section – 129 & 137 of Companies Act 2013, read with Rule 12 of the Company (Accounts) Rules, 2014:

Every company (Public/Private) is required to prepare and file its Financial Statements (including consolidated financial statements), if any, duly adopted at the AGM and annual return [Sec-92(4)] within a period of 30 days and 60 days respectively, from the conclusion of the Annual General Meeting.

However, a One Person Company shall file its financial statements duly adopted by its member, within one hundred eighty days from the closure of the financial year.

Procedure for Adoption and Filing of Annual Accounts with the Registrar of Companies:



Annual Filing with ROC: 

S. No.

E – Forms

Purpose of filing

Applicability

Due Date

Due Date (in the case where the AGM is held on30.09.2018)

1

MGT -14

For approval of financial Accounts and Board’s Report

Only for Public/ Listed Companies not for Private Companies

Within 30 days from date of passing the Board Resolution

             - 

2

ADT – 1

Appointment of Auditor

Only for fresh appointment/ reappointment not for ratification

Within 15 days from the date of AGM

15.10.2018

3

AOC -4/AOC-4 (CFS)*/AOC – 4 (XBRL)**

For Filing of Annual Accounts(Financial Statements, Notice and Director’s Report)

For all companies

Within 30 days from the date of AGM(Within 180 days in case of one person company from the closure of Financial year)

30.10.2018

4

MGT-7

Filing of Annual Return

For all Companies

Within 60 days from the date of AGM

29.11.2018

5

CRA-4

Filing of Cost Audit Report

For Companies satisfying the limits specified under Companies Act-2018

Within 30 days from the receipt of a copy of cost audit report.

Within 30 days from the receipt of a copy of cost audit report.


* AOC-4(CFS) – Form for filing Consolidated Financial Statement
**AOC-4 (XBRL) – For XBRL filing

XBRL Filing:

Following class of companies are required to file their Financial Statements and other documents with ROC u/s 137 in e-Form AOC –4(XBRL), by using XBRL taxonomy:

1) All Listed Companies in India and their Indian Subsidiaries.
2) All Companies having Paid-up share capital of Rs. 5 crores and above; or
3) All Companies having Turnover of Rs. 100 crore and above.
4) All companies which are required to prepare their financial statements in accordance with Companies (Indian Accounting Standards) Rules, 2015.

However, Banking Companies, Insurance companies, Power Companies, Non-Banking Financial Companies and Housing Finance Companies are not required to file their Financial Statement and other documents by using XBRL taxonomy.

Documents required to be attached with E-Forms:

E-Form MGT –14:

  • Notice of Board Meeting.
  • Signed copy of Board Resolution for approval of Financial Statements and Directors’ Report.
E-Form ADT-1:

  • Copy of Intimation sent by the Company.
  • Copy of Written consent given by the auditor.
  • Copy of Resolution passes at the AGM.
E-Form AOC-4/AOC-4 (CFS)/AOC-4 (XBRL)

  • Notice of the Annual General Meeting.
  • Board of Directors’ Report along with MGT –9.
  • Financial Statement (Balance Sheet, Statement of Profit & Loss Account and Notes to accounts).
  • Auditor’s Report.
  • CARO Report, if applicable.
  • Consolidated financial statement, if applicable.
  • Statement of subsidiary/associate companies/joint ventures as per sec –129 Form AOC-1
  • Cash Flow Statement, if any.
  • AOC-2 for particulars of contracts or arrangements with related parties, if applicable.
E-Form MGT-7 (Annual Return) [Sec-92(3)]

List of Shareholders & Debenture holders as per annexure attached with the E-form.

Penal Provisions for non-filing:

If a Company fails to file the copy of the financial statements, before the expiry of the period then:

Liability of

Imprisonment

Fine

COMPANY

NA

Rs. 1000 for every day during which the failure continues but not more than Rs. 10,00,000/?

Officers of Company

May extend to 6 months

Not less than Rs. 100,000/-, which may extend to Rs. 500,000/- or with both.

 
Important Note: The Companies (Registration Offices and Fees) Second Amendment Rules 2018 has been notified on 7th May 2018 and accordingly?

In case the period within which a document required to be submitted under section 92 or 137 of the Act expires after 30/06/2018, the additional fee mentioned in Table shall be payable:

S.No.

Period of delay

Additional fee payable (in Rs.)

1

Delay beyond the period provided under Section 92(4) of the Act

100/- per day

2

Delay beyond the period provided under Section 137(1) of the Act

100/- per day

 
In all other cases where the belated annual returns or balance sheet/financial statement which were due to be filed whether in the Companies Act, 1956 or the Companies Act, 2013 the following additional fee mentioned in Table shall be payable:

S. No.

Period of delay

Additional fee payable (in Rs.) up to 30/06/2018 

1

Up to 30 days

2 times of normal filing fees

Plus Rs. 100/- per Day w.e.f.01.07.2018

2

More than 30 days up to 60 days

4 times of normal filing fees

3

More than 60 days up to 90 days

6 times of normal filing fees

4

More than 90 days up to 180 days

10 times of normal filing fees

5

Beyond 180 days

12 times of normal filing fees

 
Note: – The additional fee shall also be applicable to revised financial statement or board’s report under section 130 and 131 of the Act and secretarial audit report.

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Write a Comment

  • Most of the matter is copied from the other blogs. Please write original matter. Articles are subjected to copyright. Compliance Calender should check before posting.

    02-06-2018 / 01:47:21 PM
    Reply
    • Most of the matter is in reference MCA notification with respect to penalty on late filing of Annual Return dated 07/05/2018. You may please refer the notification.

      04-06-2018 / 11:36:10 AM
      Reply
  • Nice Content. Thanks For sharing this fulfill content with us. For More Information visit - https://www.taxmuneem.com/annual-roc-filling/

    26-07-2019 / 02:59:45 PM
    Reply
  • Thanks, Jaya Ahuja for sharing authentic information about the ROC annual return filing due date. According to company act 2013, every company has required to submit an annual return form within 30-60 days after the (AGM) Annual General Meeting. In that case, if the company miss the due date of filing roc return then different sets of penalty applied automatically by the ministry of corporate affairs.

    12-09-2019 / 06:17:15 PM
    Reply