prosecution for filing belated returns

Well Suraj Ji, in my opinion if the Company and its Directors  has received any notices from MCA or ROC  in regard to the non compliance of section159/ 166/ 210 /220 or other sections of the Companies Act, 1956 and after it the Company has filed all the Forms with penalty. Then  in such a situation a reply of the ROC letter is prepared referring that all the Documents has been filed with late fees a copy of paid challns are also enclosed for there reference with the reply letters. This kind of letter is prepared by all the Directors and Company to whom the prosecution notices has been served by ROC/MCA.

Regards

Dear Suraj Ji,

First of all payment of penalty does not proves that you have not done any voilation. Late filing of documents automatically proves that you have voilated the provisions of Companies Act.

Secondly, as you said that no litigation or notice has, so far, issued to you, then after filing of documents, generally, it would not be issued in future for that years.

Further, if any kind of notice is issued to you, you generally prove your filing details as above explained by Ms. Neha.

Further, there is not only 1 day delay. The delay is from the due date of filing till the date you have filed the respective form.

CLSS was the scheme to facilitate the pending filing by reducing the late fees. So you can not say this.

Originally posted by : CS Ankur Srivastava
	Dear Suraj Ji,   First of all payment of penalty does not proves that you have not done any voilation. Late filing of documents automatically proves that you have voilated the provisions of Companies Act.   Secondly, as you said that no litigation or notice has, so far, issued to you, then after filing of documents, generally, it would not be issued in future for that years.   Further, if any kind of notice is issued to you, you generally prove your filing details as above explained by Ms. Neha.     Further, there is not only 1 day delay. The delay is from the due date of filing till the date you have filed the respective form.   CLSS was the scheme to facilitate the pending filing by reducing the late fees. So you can not say this.

 Thx ji. somebody scared the living daylights out of me by saying that i should not have filed belated documents as ROC was silent and there was no issue but Now that i have filed the belated documents, ROC will now trouble me with criminal proceedings for the same reason that i am late in filing returns. pls let me know if that is true ??

No, you should always try to file the documents. First try to file within stipulated time, if failed, then even after that time but compliance of the law is necessary.