roc return not filed

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sunil (Querist)
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07 January 2010 A Pvt. Ltd.company was incorporated in 2005-06 but no activity was done in that company even no bank account was opened.

Directors have not filed any ROC or Income Tax Return.

But Now we received a notice u/s. 159/160/166/210 and 220 of companies act.

what should we do

Sudhir Patil

Sudhir Patil (Expert)
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07 January 2010 First file all ROC Return and Income Tax of Return of Directors.

sunil

sunil (Querist)
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07 January 2010 actually we dont want to carry this and windup it, any otherway to avoide that.

and why return of directors

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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07 January 2010 The company has to file all the pending returns before the ROC. Otherwise ROC will initiate prosecution proceedings against Directors. Even to wind up the company pending returns has to be filed. No other alternative to the issue raised.

sunil

sunil (Querist)
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08 January 2010 thans

CS. Ashish Shah

CS. Ashish Shah (Expert)
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11 January 2010 Dear Sunil,

I agree with Mr. Chackrapani, file all the returns and annual audited accounts with ROC from the year of incorporation first and then you might need to file the compounding application u/s 621A as the offense u/s. 159, 160, 210, 220 are compoundable.

But first thing is to file all the Returns and the audited accounts with additional fees.

Regards,

Cs. Ashish Shah

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