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Is it mandatory to file roc return?

Joson (CEO) (32 Points)

05 May 2016

A company started in Dec. 2015 and started its first transaction in March 2016. When is the due date for this Pvt. Ltd. company to file returns in ROC?

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Jatin Bajaj (CS) (2928 Points)
Replied 06 May 2016

According to section 2(41) of Companies ACT 2013, Financial year means the period ending on 31st March every year. so According to the question mentioned above , Financial year will end on 31st March 2016.

And according to Section 96 of Companies Act , First AGM shall be convened within 9 months from closure of financial year i.e. maximum by 31st December 2016.

And according to section 96(4), Every Company shall file annual Return in Form MGT 7 within 60 days from date of AGM.

For Example : If your AGM is conducted on 31st December 2016, then maximum you can file MGT 7 UPTO 60 days from date of agm ie. upto 1st March 2017

Note : MGT 7 shall be filed for 3 months i.e. from JANUARY 2016 TO MARCH 2016

CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709) (5155 Points)
Replied 29 July 2016

Company need can file its return late by January 2014 as first financial year of the company shall end on 31.03.2016 and AGM needs to be done within 9 months from end of financial year i.e. late to late by Dec. 31, 2016. And hence, AOC-4 means balance sheet to be filed by Jan. 30, 2017 and MGT-7 means annual return by Feb. 28, 2017