Roc filing
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
15 June 2016
A private limited company failed to conduct AGM for FY 2014-15 and the financials were signed in Feb-16. It got delay because the Tally Data was all lost in computer crash. We want to attach the letter regarding the explanation of delay while filing ROC return. Please help me with suitable suggestions.
22 July 2025
For your situation where the AGM for FY 2014-15 was delayed due to data loss, and you want to file ROC returns with an explanation, here’s how you can handle it:
1. Prepare a Board Resolution explaining the delay
The Board should pass a resolution acknowledging the delay in conducting the AGM due to the unforeseen circumstance (computer crash and data loss) causing delay in finalizing accounts.
Sample wording:
“The Board noted and approved that the Annual General Meeting for the financial year 2014-15 was delayed due to unforeseen technical issues, specifically a computer crash resulting in loss of Tally data, which delayed the preparation of financial statements and audit completion. The Board regrets the delay and assures compliance going forward.”
2. File the delayed annual accounts and annual return with the Board Resolution
File Form AOC-4 (for financial statements) and Form MGT-7 (for annual return) or their earlier versions depending on MCA requirements.
Attach the Board Resolution as a supporting document to the ROC filing, if the MCA portal allows.
In the remarks/notes section of the forms, mention the reason for delay briefly (e.g., “Delay due to data loss caused by computer crash”).
3. Late filing fees and penalties
Be prepared to pay late filing fees as per the Companies Act for delayed filing.
You cannot avoid penalties just by attaching an explanation, but showing bona fide reasons may help in case of any future appeal.
4. Additional steps
Maintain all documentation related to the data loss and corrective action taken.
Going forward, ensure timely backups to avoid such issues.
1. Prepare a Board Resolution explaining the delay
The Board should pass a resolution acknowledging the delay in conducting the AGM due to the unforeseen circumstance (computer crash and data loss) causing delay in finalizing accounts.
Sample wording:
“The Board noted and approved that the Annual General Meeting for the financial year 2014-15 was delayed due to unforeseen technical issues, specifically a computer crash resulting in loss of Tally data, which delayed the preparation of financial statements and audit completion. The Board regrets the delay and assures compliance going forward.”
2. File the delayed annual accounts and annual return with the Board Resolution
File Form AOC-4 (for financial statements) and Form MGT-7 (for annual return) or their earlier versions depending on MCA requirements.
Attach the Board Resolution as a supporting document to the ROC filing, if the MCA portal allows.
In the remarks/notes section of the forms, mention the reason for delay briefly (e.g., “Delay due to data loss caused by computer crash”).
3. Late filing fees and penalties
Be prepared to pay late filing fees as per the Companies Act for delayed filing.
You cannot avoid penalties just by attaching an explanation, but showing bona fide reasons may help in case of any future appeal.
4. Additional steps
Maintain all documentation related to the data loss and corrective action taken.
Going forward, ensure timely backups to avoid such issues.
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