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Roc return filing

vaibhav (CA & CS) (577 Points)

01 October 2012

Hi,

It is mandatory to file annual return and final accounts by the pirvate limited company.But i have notied that many private limited companies only file form 20B and 23 AC they dont file form no. 23 ACA (profit and loss statement).

My question is filing of form 23 ACA is mandatory for private limited companies ?

REgards,

Vaibhav

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9 Replies

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 01 October 2012

Dear Vaibhav,

All companies file form 23AC along with form 23ACA. However, in case of private Companies, profit and loss account, is not displayed on the MCA portal as it is not public document in case of private Company only.

1 Like

CA Manish (Job) (5264 Points)
Replied 01 October 2012

As per Sec 220 of the Comapnies Act 1956 every co shall file eith the registrar 3 copies of Balance Sheet, profit and loss a/c and all the documents which are required to be annexed or attached to the balance sheet.

Therefore filing of form 23 ACA is mandatory for private limited companies also.

Restriction on public inspection of Profit and Loss A/c

In the case of a private company, copies of the balance sheet and copies of the profit and loss account shall be filed with the Registrar separately. Accordingly no person other than a member of the co shall be entitled to inspect, or obtain copies of the Profit and Loss a/c.

Ganeshbabu K (Audit and Tax Advisory) (48559 Points)
Replied 01 October 2012

Important Message for Form 23B and Form 23AC-23ACA- non XBRL

Kindly note that the Ministry vide circular number 31/2012 dated 28/09/2012has extended the due date for filing Form 23B without additional fee for accounting year 2012-13 upto 23/12/2012 or due date of filing whichever is later.

Kindly note that the Ministry vide circular number 30/2012 dated 28/09/2012has further extended the due date for filing Form 23AC and Form 23ACA in non XBRL mode in the following manner:

Company holding AGM or whose due date of holding AGM is on or before20.09.2012, time limit will be 3rd November, 2012 or due date of filing, whichever is later.

GURMUKH (CS) (81 Points)
Replied 01 October 2012

In agreement with Ankur.

Otherwise also, technically speaking Form 23AC cannot be file alone @ MCA portal, if not accompanied with Form 23ACA.

efuture (Developer) (35 Points)
Replied 01 October 2012

Yex, It is mandatory to file Form 23ACA for the pirvate limited company.

vaibhav (CA & CS) (577 Points)
Replied 01 October 2012

Thanks to all of you.

Hi Ankur i totally agree with you that form 23ACA is not displayed on the MCA portal as it is not public document in case of private Company.

Can you pls explain what is the procedure to file 23 ACA so that it cannot be viewed by the public, because in past i have filed this form and it is viewable to public.

Pls explain ?

REgards,

Vaibhav

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 01 October 2012

Nothing special Vaibhav ji.... It is to be filed as filed for public companies, it is automatically not shown on MCA portal in respect of private Companies...

1 Like

Smriti Dhawan (Company Secretary ) (347 Points)
Replied 01 October 2012

Dear Vaibhav, special care should be given with regard to attachment of document in case of Private Company with Form 23AC, attach Balance Sheet, do not attach Profit and Loss Account in Form 23AC, otherwise profit and loss can also be inspected but in no case 23ACA will be available for Public for inspection in case of Private LImited Company.

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anurag nigam (MD) (21 Points)
Replied 02 October 2013

hey ... can anybody please guide me .... if the company is not functioning then also filing ROC is important.... not functioning means that may be last year we operated but this year we were shut down... how to do the filling in this case... as there is no profit and loss account no balance sheet... nothing happening ...