submission of form 23ac

Your financial account period is 1/4/2008 to 31/3/2009 to be written in the Form 23AC and 23ACA.

Because this is the period for which you have made Accounts, and continue this period later on.

I mean the next year You will mention 1/4/2009 to 31/3/2010

As Company Is newly incorporated, company doesn't have the transaction in the Past months(Before February).

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If you need further clarification than contact me

Ankur Shah (Practicing Company Secretary)

“Guru Gautam” Bungalow, Inside Parshwa Tower,

Nr. Shyamal Cross Road, 132ft. Ring Road,

Satellite, Ahmedabad – 15

Contact: + 91-9427633901

E-mail: ankurjewel @ gmail.com

Blog: csankur.blogspot.com

04.02.09 to 31.03.09 is your previous year for income tax matters.!

for ROC ur accounting period is full year

Dear Pawan

Its totaly depend on your first meeting minutes  of the Board  when they  have approved the first financial year and subsequent financial year. If the have approved that the first financial year will start from the date of incorporation  and ending on March 31, 2009 then you can fill date as  from 04.02.2009 to 31.03.2009.

Regards

Hi,

Kindly appreciate:

First decide what is your financial year—Your first financial year would be from 04.02.2009 to 31.03.2010 i.e. a period of 13 months and 25 days.

As per my understanding you don’t have to file Annual Accounts in the year 2009. Your Annual Filing due in 2010. No need to hold AGM in 2009 at all. However you may do so.

 Applicability of Section-166 read with section-210 suggest in your case

As per Section-166 last date for holding your AGM would be August 03, 2010 i.e. 18 months from the date of incorporation of the company.

As per section-210 Balance Sheet & Profit and Loss A/c shall lay before the members in case of first AGM with in 9 months from the end of financial year i.e. last date for holding your AGM as per section-210 would be December 31, 2010.

Conclusion as per the rule of Harmonious construction

As per my opinion your first financial year is ending on March 31, 2010 and as per section-210 you may hold your first AGM up to December 31, 2010. But here if you follow section-210 blindly without application of section-166 then there would be violation of section-166 regarding First AGM in 18 months provision.

Final Answer—In your case last date for holding first AGM would be August 03, 2010 which is in line with the provisions of both the sections.

DATE IN ANNUAL FILING FORMS:

1. If you are holding AGM in 2009 then: 

In current year column of 23AC ==31.03.2009

In previous year column of 23AC write date== left blank

In current year column of 23ACA== 04.02.2009 to 31.03.2009

In previous year column of 23ACA write date == left blank

2. If you are holding AGM in 2010 then: 

In current year column of 23AC ==31.03.2010

In previous year column of 23AC write date== 04.02.2009

In current year column of 23ACA== 04.02.2009 to 31.03.2010

In previous year column of 23ACA write date == 03.02.2009

Best Regards

Hi

I agree with ankur, if in Board meeting the company had decided its first financial year from the date of incorporation to 31st March 2009 than in form you will have to mention the current financial year from 04.02.2009 to 31.03.2009.

Regards

Vishal 

Thanks Vishal and Pawan.

Dear Ankur,

                           What should be written in form 23ac and form 23aca due date of agm in our co. case. whether 03-10-2009 or 30-09-2009.

if we written as 30.09.2009. whether it will be wrong.

If you consider the period of 04.02.2009 to 31.3.2009 as your financial year, then the due date shall be 31.12.2009 since it is first AGM and provision of section 210 shall apply