18 November 2013
dear experts ,
please suggest with what amt to file roc for AY 2008 09 where the cos authorised capital is 10lacs n paid up is 40,000 but while filing itr co showed authorised capital as 10lacs n paid up 14,00,000. Since d itr is 5 years old it cannot b revised... wat can b done in dis case
Regards,
Jyoti
Article
1. ROC Filing vs ITR Discrepancy ROC filings (like Annual Return and financial statements) must reflect the true and correct figures as per the company’s books and statutory records.
So, you should file ROC returns showing the correct paid-up capital of ₹40,000, as per your actual company records, not ₹14,00,000 as incorrectly shown in ITR.
2. Consequences of Mismatch It’s quite common for there to be differences between ROC filings and Income Tax Returns, especially for older years.
ROC generally relies on the company records and statutory compliance.
Income Tax Department may have a different figure, but since the ITR is for AY 2008-09 and is beyond revision period (5 years), no correction can be made there now.
ROC is unlikely to penalize the company if the ROC filings are correct and consistent with company records.
However, discrepancies might create scrutiny or questions in future assessments or audits—so it’s best to maintain proper documentation explaining the difference.
3. What you should do? File ROC returns for all years with the correct capital figures as per company books.
Maintain a note or board resolution explaining the mismatch between ITR and ROC figures for records.
If any tax notice arises, explain that the ITR figure is an error and ROC filings are correct.
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