Commencement of business

Section 11 requires INC.21 to be filed before commencement of business.  No specific time limit has been prescribed in terms of number of days within which it has to be filed.  Sec.11(3) however empowers ROC to take action for removal  of name of company from the register of companies in case declaration is not filed within 180 days and the ROC has reasonable cause to believe that the company is not carrying on any business or operation.

In case company does not commence its business and also does not file INC.21 within 180 days and even ROC does not take any action u/s 11(3), there does not seem to be any contravention on the part of the company and hence the question of condonation of delay should not arise.  However, if the company has commenced business activity without filing INC.21, it will amount to contravention of Sec.11 and penal provisions will apply.