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Discussion > Corporate Law > MCA >

penalty for late filing roc returns

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[ Scorecard : 404]
Posted On 19 August 2010 at 15:32 Report Abuse

we incorporated a co. in 2003 and filed annual return of 1st yr only. now plz tell me if i want to file annual return and balance sheets of all years till date, then hw much penalty we will have to pay


plz reply soon


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Jyoti Aggarwal
COMPANY SECRETARY

[ Scorecard : 327]
Posted On 19 August 2010 at 16:27

If you filed all the forms till 31st august then you have to pay normal fee + 25% of additional fee under the scheme called CLSS.

it means you are getting 75% discount on additional fee.

 

But if you filed after 31st Aug then you have to pay normal fee + Additional fee.Here is no discount is available.

 

So I  suggest you to file all your pending forms on or before 31st August to get the benfit of the scheme





Neha Gupta
PCS

[ Scorecard : 353]
Posted On 19 August 2010 at 21:51

Dear this is the Schedule of Normal ROC fees this will help u in calculation

 

Schedule of payments to ROC

 

 

Authorized

Capital

Reg.

fees

Total

             1

                            2

 

Upto     1, 00,000

4000 + 800

4800

             2, 00,000

7000 + 800

7800

             3, 00,000

          10000 + 800

10800

             4, 00,000

         13,000 + 800

13800

             5, 00,000

         16,000 + 1200

17200

           10, 00,000

26,000 + 1200

27200

           15, 00,000

36,000 + 1200

37200

           20, 00,000

46,000 + 1200

47200

           25, 00,000

56,000 + 2000

58000

           30, 00,000

66,000 + 2000

68000

           35, 00,000

76,000 + 2000

78000

           40, 00,000

86,000 + 2000

88000

           45, 00,000

96,000 + 2000

98000

           50, 00,000

1, 06,000 + 2000

108000

           55, 00,000

1, 11,000 + 2000

113000

           60, 00,000

1, 16,000 + 2000

118000

           75, 00,000

1, 31,000 + 2000

133000

         1,00,00,000

                  1,56,000 + 2000

158000

 

 

 

 

 

Late Filing fees of documents with ROC

 

 

Late Period

Fees

1 Month

1+1

1 Month to 3 Months

1+2

3 Months to 6 Months

1+4 =5

6 Months to 1 Year

1+6 =7

1Year to 2Years

1+8 =9

Above 2 Years

1+9 =10

 

 



Total thanks : 4 times



Neha Gupta
PCS

[ Scorecard : 353]
Posted On 19 August 2010 at 21:56

the first schedule is for incorporation of Company

and second table is for late filing of Documents with ROC




Priyanka Mahajan

[ Scorecard : 404]
Posted On 20 August 2010 at 13:46

 

thanks mam

bt did not get the second table. may u pls explain

 

Originally posted by : PCS Neha Gupta


the first schedule is for incorporation of Company

and second table is for late filing of Documents with ROC



Manish
accountant

[ Scorecard : 21]
Posted On 23 August 2010 at 14:01

if any company not file his annual return for A.Y. 2007-08 to A.Y. 2009-10. what is the penality charged  




Shoeb
Director

[ Scorecard : 26]
Posted On 03 September 2010 at 15:56

We have incorporated one company in 1999-2000 and filed one ROC return for year ending March 2001. Due to bad debt and some fraudulent transaction the company suffered losses and in 2004 we halted its operation. We had not filed ROC return just after first year. We have now received notice in this regard from ROC, asking to explain why further action not to be taken against us under:

sec 210/ sec 168 / sec 210 (5) / sec 220 (3) sec 159 / 160  / 166 / sec 611 / 621A / sec 51

Please help me out in this as this company is no more in existance for last six years. Are we entitle to pay some penalty, if so how much and how it can be calculated. And also do let us know is there any option for paying returns and penalty for the years the company was operational i.e. upto 2004 or we have to pay penalty till 2009.

Highly appreciate your prompt helpful response in this regard.

Best Regards

Shoeb Siddiqui




Ajay Mishra
Company Secretary

[ Scorecard : 73067]
Posted On 03 September 2010 at 17:31

Dear Friend

 

The Payment of ROC fee will be decided as per schedule X of the Companies Act, 1956. Please read schedule X and pay fee accordingly.

 

Regards



Total thanks : 1 times



Shoeb
Director

[ Scorecard : 26]
Posted On 03 September 2010 at 22:34

Thanks Ajay,

I have gone through the schedule X of the Companies Act, 1956 where I can figure out the fee slabs. My question is as our company has stopped its operations in 2004, do we need to pay upto 2004 or do we need to pay till 2009 as per notice served. Please note last AGM was held in Feb 2004. And our working capital never gone passed 100,000 with three directors as share holders

Please advise.

Best Regards




Neha Gupta
PCS

[ Scorecard : 353]
Posted On 04 September 2010 at 11:03

Dear Priyanka ji..

In Second Table of ROC fees 1+1 means first one is for normal fees and second 1 is extra penalty of the same amount if u file the form within 1 month from the last / due date of filing any form/ document as provided by companies law. It means fees will be twice.

1+2 means if u file any form with in the period between one to three months, and this period begins after the expiry of above said one month in which the fees is twice, then fees will be three times and so on..........

I will explain it to u with help of one an example.....

Assume as per schedule X of Companies act, 1956 the filing fees of Form 23AC & ACA is Rs.500.AS we  all know that B/S. is filed with in 30 days of AGM and let us assume AGM date is 30th  September.

then normal fees by 30th October is Rs. 500

1+1 by end of November it will be twice so Rs. 1000 and So on…..

“It means if form is late by 1 month fees will by twice and if late by not more then 3 months then fees will be 3 times and further if it is late by 3 to 6 months the fees will be 5 times and so on…”



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