Defaulting companies - non-filing of BS, P&L, AR




Guest (Querist)
11 June 2011
Dear Friends / Experts,


As per MCA General Circular 33/2011, it is mentioned that

..............some companies are filing only their event based information with the RoC without filing their up-to-date BS, P&L and AR.


Query

Is it that a company which has not filed its BS, P&L and AR for the FYE 31.03.10 shall be treated as DEFAULTING COMPANY ?


Ans : .................

What does the RoC mention of 'up-to-date' means - whether it includes FYE 31.03.11 ?

Ans : .................


Kindly clarify my above queries to make me understand the circular properly.

Thanks.


CA KRISHNA KUMAR DARUKA (Expert)
12 June 2011
up to date does not include accounts for 31.3.11 as the last date of filing has not yet come.

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
12 June 2011
Let me clarify that for filing Balance Sheet and for Filing Annual return of companies with R. O. C there is last date fixed by the Act. In case the due date for filing of the return has lapsed and you have not filed the same in time then the companies shall be treated as in default. It has no connection with the financial year on which the books of the companies are closed and thereafter these are audited and finally passed in AGM. Once the AGM is over the due date for filing of the return should not be defaulted.

Hence, for 31.3.2011 year ended account the due date is in October and thereafter it is to be treated in default


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