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Late filing of annual filing form pertaining to f.y. 2013-14

Hitesh Sharma (Student CA Final ) (77 Points)

27 September 2015

I need to file Form 23AC-ACA, Form 20B of a public (unlisted) company for F.Y. 2013-14. AGM is held on 30.09.2014.

Now if we file these forms when 270 days have already been expired is there any liability other than additional fees?????

(Section 403 specifies that we need to file these forms within 270 days and if there is any default in submitting these forms the company and the officers in default shall be liable for the penalty or punishment and section 92(5) specifies fine of Rs. 50000 to 500000 and every officer in default shall be punishable with imprisonment for a term which may extend to 6 months).

Please reply as soon as possible...

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7 Replies

Swati Lath (CA) (27 Points)
Replied 24 February 2016

What will be the late filing fees if we upload it on 1 march,2016

prakash (Company Secretary) (1352 Points)
Replied 24 February 2016

Hitesh,

As per section 137 of CA, 2013, Company needs to file forms within 300 days from date of AGM.

But Section 137 is notified on 01.04.2014, where as you are filing forms for financial year 2013-14 under provisions of old act, Hence no penalty other than additonal fee. I have made filings for few of my client companies.

prakash (Company Secretary) (1352 Points)
Replied 24 February 2016

Swathi,

Let me know authorized capital of your company and name forms to be filed to tell you accurate amount.

Swati Lath (CA) (27 Points)
Replied 24 February 2016

Dear Prakash,

Authorised Capital is Rs 10,00,000.

Forms are 23AC, 23ACA, 20B & ADT-1

Thanks for the reply.

prakash (Company Secretary) (1352 Points)
Replied 25 February 2016

Swathi,

Normal fee for filing forms for Companies having authorized capital of Rs 10 Lacs is Rs.400 and if Company fails to file forms within 180 days from due date, it have to pay addition fee of 12 time of normal fee (Normal Fee: 400+ additional Fee 12X400=4800=5200)

Your Company need to make payment as follows:

23AC & 23 ACA Rs. 5200/-

20B Rs. 5200/-

ADT-1 Rs. 5200/-

Total Rs. 15600/-

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