EES SCHEME
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
18 July 2011
Sir,
the company had filed application under Easy Exit Scheme and it was rejected due to existence of Bank Account.As the application was pending the company did not file its annual Balance Sheet and profit an loss account to ROC.after rejection of the application company was made as defaulting company due to non filing of balance sheet to ROC.If the company wants to file agian application under easy exit scheme, is it mandatory that it has to file balance sheet to ROC then to file application under Easy Exit Scheme and whether company is required to pay penalty on non filing of Form 23 AC and ACA.
I think that company will not be penalised if it files its balance sheet now with roc as application under easy exit scheme was pending and owing to that company failed to file balance sheet with ROC.
Opinion is sought urgently
the company had filed application under Easy Exit Scheme and it was rejected due to existence of Bank Account.As the application was pending the company did not file its annual Balance Sheet and profit an loss account to ROC.after rejection of the application company was made as defaulting company due to non filing of balance sheet to ROC.If the company wants to file agian application under easy exit scheme, is it mandatory that it has to file balance sheet to ROC then to file application under Easy Exit Scheme and whether company is required to pay penalty on non filing of Form 23 AC and ACA.
I think that company will not be penalised if it files its balance sheet now with roc as application under easy exit scheme was pending and owing to that company failed to file balance sheet with ROC.
Opinion is sought urgently
18 July 2011
Since the EES has been rejected you cannot file it again and evenso the time limit has expired.
Also the directors needed to give an affidavit that the company has no bank account and hence the conditions of the scheme itself were not satisfied.
So now you will have to regularise the filing of the company and file all the relevant files for the years which was pending to be filed and additional fees will be charged on the same as it would be late filing of the returns. In case you had been successful in satisfying all the conditions of EES then you need not have to file any return with ROC.
Also the directors needed to give an affidavit that the company has no bank account and hence the conditions of the scheme itself were not satisfied.
So now you will have to regularise the filing of the company and file all the relevant files for the years which was pending to be filed and additional fees will be charged on the same as it would be late filing of the returns. In case you had been successful in satisfying all the conditions of EES then you need not have to file any return with ROC.
18 July 2011
Pl close the bank account and try 'Fast Track Exit mode' announced by MCA vide General circular 36/2011 dated 07/06/2011.
18 July 2011
'Fast Track Exit mode' scheme is effective from July 3, 2011 and many companies have already started the process of closing their defunct comapnies under this scheme. Would be happy to provide any sort of practical help on it.
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