Balance sheet of the year ended 31-03-2011 signed by co + au

Manish Buchasia PCS Ahmedabad (Practising Company Secretary)   (306 Points)

07 July 2012  

 

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
You are requested to give your Valuable Comments.
 
Thanks
cs @ buchasia.com