FACT
- ABC Company Private Limited, whose Financial Year is Ended 31-03-2011 and is required to conduct its AGM latest by 30/09/2011.
- Here, the Company due to some unavoidable circumstances, could not prepare the accounts on time and Signed the A/c on 31-03-2012. (6 Month Late)
- Even Auditor Signed the BS on 31-03-2012.
- Co has not taken Extension for AGm
- It is not possible to Get sign on the A/c and Auditor in Back Date.
- ROC Annual Filling 23AC+23ACA is possible what ever the date of AGm 30-09-2011 or 31-03-2012.
Query
The same involves Compounding, option to b opted so as to attract minimum offences and penalty.
- Option 1 : Taking the date of AGM as 30/09/2011 Without the matter of A/c Approval Etc.
- Option2 : Taking the date of AGM as 31/03/2012 , So the only Violation of Sec 166 AGM Not In time Violation will be there only
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