Every Company whether private limited company, one person company, Public Limited company, and section 8 company registered under the Companies Act is required to file their MCA annual return with the Registrar of Companies and income tax return with Income tax Department.
Company Annual Filings refers to the filing of
These yearly filings are mandatory for every registered Company whether the Company carries on business or not.
Annual filing includes filing of form :
AOC-4 : Financials of the Company including Balance Sheet, Profit & Loss Account, Auditor Report and Board Report of the Company.
MGT-7 : Annual Return of the Company stating the complete structure of Directors, Shareholders, Loan, Investment or Other Changes in the the Company.
Important Points for Annual ROC Filing
|
Name of E-form |
Purpose of E-form |
Attachments |
Due date of filing |
Last Date |
Applicability on Company |
|
Form ADT-1 |
Appointment of Auditor |
Appointment Letter, Confirmation Letter from Company |
15 days from the date of AGM. |
14th October |
Private Company, Public Limited Companies, Listed Company, One Person Company |
|
Form AOC-4 and Form AOC-4 CFS (in case of Consolidated financial statements) |
Filing of Annual Accounts |
Board Report along with annexures: MGT-9, AOC-2, CSR Report, Corporate Governance Report, Secretarial Audit Report etc.. as per the nature of Company and financial statements |
30 days from the date of the AGM (In case of OPC within 180 days from the close of financial year) |
29th October |
Private Company, Public Limited Companies, One Person Company |
|
Form MGT-7 |
Filing of Annual Return |
List of shareholders, debenture holders, Share Transfer, MGT-8 |
60 days from the date of AGM. |
29th November |
Private Company, Public Limited Companies, Listed Company, One Person Company |
|
Form DIR-3KYC |
DIN KYC of all directors |
Copy of Pan card and address proof along with OTP verification of mobile & email. |
6 months of closure of financial year |
30th September |
On all DIN Holders whether DIN is using or not |
|
Form MGT-14 |
Filing of resolutions with MCA regarding approval of Board Report and Annual Accounts |
Certified true copy of the resolution. |
30 days from the date of concerned Board Meeting |
29th October |
Public Companies and Listed Companies (Exempted for private companies) |
DOCUMENTS REQUIRED FOR COMPANY ANNUAL FILING
Package 1 :
1. Certificate of incorporation along with memorandum and article of the company
2. Copy of last year financials if any.
3. Copy of signed Balance Sheet, Profit & Loss Account, Auditor Report with all the annexes certified by the chartered accountant.
4. Valid digital signature of any of the director of the company
5. Copy of Last Notice calling AGM,
6. Copy of Last Board Report.
7. Copy of Last Annual Return.
Package 2 :
1. Certificate of incorporation along with memorandum and article of the company
2. Copy of last year financials if any allongwith Notice, Directors Report & annual Return.
3. Valid digital signature of any of the director of the company.
4. Bank Statement and Sale-Purchase Bills.
5. GST Login ID Password or All months GST Return.
6. Details of Expenses, assets, liabilities etc.
Package 3 :
1. Certificate of incorporation along with memorandum and article of the company
2. Copy of last year financials if any allongwith Notice, Directors Report & annual Return.
3. Valid digital signature of any of the director of the company.
4. Bank Statement and Sale-Purchase Bills.
5. GST Login ID Password or All months GST Return.
6. Details of Expenses, assets, liabilities etc.
7. All Sale & Purchase GST Bills Monthly basis.
8. Details of TDS Deducted monthly basis
9. Advance tax quarterly basis.
Information Required for Company
DOCUMENTS REQUIRED FOR COMPANY BALANCE SHEET AND ACCOUNTING AND AUDITING:-
What u get
Package 1 :
1. Filled Form of AOC-4 and MGT-7.
2. Paid Challan of AOC-4 and MGT-7.
3. Form ADT-1 & KYC Forms of Both directors allongwith Challan.
4. Drafted Notice, Directors Report and Annual Returns.
Package 2 :
1. Filled Form of AOC-4 and MGT-7.
2. Paid Challan of AOC-4 and MGT-7.
3. Form ADT-1 & KYC Forms of Both directors allongwith Challan.
4. Notice, Directors Report and Annual Returns.
5. Audited Financials Balance Sheet & Profit & Loss Account allongwith Auditors Report.
6. Copy of ITR
Package 3 :
1. Filled Form of AOC-4 and MGT-7.
2. Paid Challan of AOC-4 and MGT-7.
3. Form ADT-1 & KYC Forms of Both directors allongwith Challan.
4. Notice, Directors Report and Annual Returns.
5. Audited Financials Balance Sheet & Profit & Loss Account allongwith Auditors Report.
6. Copy of ITR
7. Monthly GSTR3B & GSTR-1 alogwith Proper details and Credit balance in ledger
8. Monthly Deposition of TDS Deducted & Filing of TDS Returns.
9. Depositing of advance Tax
Advantages of Annual Filing :
1. Annual filing ensures the transparency of the company and it's working.
2. The cost of non-compliance can be removed while completing all the compliances on time.
3. Burden of additional fees can be avoided.
4. Non filing of annual returns for the consecutive 3 years may be the ground of strike off of the company and there are many forms and compliances which cannot be done by the company if they have not completed their annual filing within the due period
5. A penalty of rupees 200 per day is to be revived by the registrar if the filing is not completed within the time.
Package 1 : 2-3 Days
Package 2 : 20-30 Days
Package 3 : We are available whole of the Year
Ezzus India India
1. End to End Business Advisory/Business Support Services by Highly Experienced/Qualified Chartered Accountants & Company Secretary
2. Filing of Annual ROC Return (Form of AOC-4 , Form MGT-7, Form ADT-1,Form DIR-3KYC of 2 Directors)
3. Drafting of Mandatory documents (Director's Report, Notice of AGM, Extract of Annual Returns, Complete list of Directors and shareholders with modification during the year.)
Ezzus India India
1. End to End Business Advisory/Business Support Services by Highly Experienced/Qualified Chartered Accountants & Company Secretary
2. Filing of Annual ROC Return (Form of AOC-4 , Form MGT-7, Form ADT-1,Form DIR-3KYC of 2 Directors)
3. Drafting of (Director's Report, Notice of AGM, Extract of Annual Returns, Complete list of Directors and shareholders with modification during the year.)
4. Preparation and Audit of (Balance Sheet, P & L Accounts, Audit Report, Income Tax Returns (Company).
Ezzus India India
1. End to End Business Advisory/Business Support Services by Highly Experienced/Qualified Chartered Accountants & Company Secretary
2. Filing of Annual ROC Return (Form of AOC-4 , Form MGT-7, Form ADT-1,Form DIR-3KYC of 2 Directors)
3. Drafting of (Director's Report, Notice of AGM, Extract of Annual Returns, Complete list of Directors and shareholders with modification during the year.)
4. Preparation and Audit of (Balance Sheet, P & L Accounts, Audit Report, Income Tax Returns (Company).
5. Bookkeeping & Accounting
6. Filing of GST Returns: ( Filing of Monthly GSTR-3B for all 12 months, Filing of Monthly/Quarterly GSTR-1 for complete Financial Year., Filing of Annual GST Return (GSTR-9)
7. Filing of TDS Returns : ( Monthly Deposit of TDS Returns, Filing of Quarterly TDS Returns.)
8. Depositing of Advance Tax (Calculating & Depositing Quarterly Advance tax)
Note: Above packages does not include TAX Audit, GST Audit & XBRL Filings as they falls after a certain limit of Rs 1 crore or more.
Note: Above packages does not Include Secretarial Compliance of Minutes, Stamping, Registers, Dir-8, MBP 1 etc.
Note: Above packages does not Include compliance of ESi & PF
What is the due date for completing the RoC filing?
Filing of roc returns starts only after the closure of the financial year. All the companies are required to hold one annual general meeting(AGM) after the closure of the financial year but within six months of the closure of the financial year. At the AGM the financials of the company are to be approved by the shareholders and then after within the one month of AGM form AOC-4 and within 60 days form MGT-7 is required to be filed.
Company has not done any business since Incorporation, do we still need to file ROC Return?
Yes. the company has to mandatory file all ROC Return and get its accounts audited along with filing of ITR even if the company has not done any business during the year.
What is RoC filing?
RoC filing is the annual filing of the private limited company/ annual filing of the OPC company/ annual filing of Public limited company or annual filing of the Section 8 company that is required to be done by all the companies registered under the Companies Act 1956 or 2013.
Two forms are required to be filed mandatorily i.e. eForm AOC-4 to eForm MGT-7.
What is the Procedure for ROC Filing?
1. Hold a Board Meeting to Authorize the auditor for the preparation of financial statements as per Schedule III of the Companies Act, 2013. Also Authorize the Director or Company Secretary for preparation of Board Report and Annual Return as per the Companies Act, 2013.
2. Hold another Board Meeting for approving the draft financial statements, Board Report and Annual Return by the directors of the company.
3. Conduct the Annual General meeting of the Company and pass the necessary resolutions. Please note that the financial statements are considered final only when the same is approved by the shareholders at the General Meeting.
What are the mandatory compliance for a private limited company?
Following are the mandatory Compliances for Pvt limited company:
What are the consequences of not filing the forms?
Whether all Companies are required to get Statutory Audit mandatorily?
Yes, it is mandatory for all the Companies Registered under the Companies Act. The Companies have to get its accounts audited even if Loss making company or NIL Turnover has get Statutory Audit by a Chartered Accountant.
Whether Tax Audit is Compulsory for all Companies and LLPs?
No, Tax Audit is not compulsory for Companies & LLPs. It depends on the turnover of the company only.
What is the difference between Statutory Audit and Tax Audit?
The differences between statutory audit and tax audit are drawn clearly on the following grounds:
|
Statutory Audit |
Tax Audit |
|
Statutory audit is required by the statute (law) is known as a Statutory audit. |
Tax Audit is an audit made compulsory by the Income Tax Act if the turnover of the assesses reaches the specified limit. |
|
Statutory audit is mandatory on all companies. |
Tax audit is mandatory on all assesses after reaching the Turnover limit. |
|
Statutory Audit is performed by external auditors. |
Tax audit is conducted by a practicing Chartered Accountant |
|
Statutory Audit is the audit of complete accounting records. |
Tax Audit is the audit of tax related transactions |
|
The purpose of the statutory audit is to ensure reliability and transparency, truthfulness and fairness of financial statements |
Tax audit, which ensures proper maintenance of books of accounts and they truly reflect the taxable income of the assessee as well as the deductions claimed are actually made by the assessee. |
What is the penalty for non compliance of the statutory audit?
If Company contravened the provisions, the company shall be punishable with fine which shall be Rs. 25,000/- to Rs. 5,00,000/- and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to 1 year or with fine which shall not be less than Rs. 10,000/- but which may extend to Rs.1,00,000/-, or with both.