Compliance

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ROC Annual Return Filing

ROC Annual Return Filing

  • Overview
  • Documents Required / Details of the product
  • Process

A private limited company is a creation of law and is required to keep and maintain proper books of account, records, registers, and minutes of the meeting in general. However, after the end of the financial year, which is 31st March 2019 for the financial year 2018-19, annual return to the registrar of companies and income tax return with the income tax department is filed. The compliance requirement depends on the date of incorporation of the company. A newly incorporated company is given relaxation in filing the annual return. The below presentation is a guide on the applicability of the compliance requirement under the companies act, 2013, and the income tax act 1962.

 

  • COMPANY INCORPORATED ON OR BEFORE 31-12-2016

  1. Account Finalisation & Statutory Audit
  2. Hold Annual General meeting before 30th September 2017
  3. Compute Income Tax Liability, Pay tax & file ITR
  4. File Balance Sheet and Directors Report to ROC (AOC-4)
  5. File Annual Return in Form No MGT-7 with the ROC.

 

  • COMPANY INCORPORATED IS BETWEEN 01 JAN TO 31-3-2017

  1. Finalize Balance sheet and Profit and Loss Account
  2. Compute Income Tax Liability, Pay tax & file ITR of the company before 30Th September2017.
  3. No AGM is held in FY 2017-18, hence no need to get books audited, No need to file an annual return to the ROC

 

  • COMPANY INCORPORATED AFTER 01-04-2017

  1. For companies incorporated on or after 1st April 2017, there is no annual compliance due during FY 2017-18. which shall be done next year.
  2. However, after the incorporation of the company, Auditors must be appointed within 30 Days, and stamp duty on the issue of share certificate must be paid within 60 days.

ACCOUNT FINALISATION & STATUTORY AUDIT

  1. Every company is obligated under section 128 of the companies act to prepare and keep at its registered office proper books of account. The failure results in Imprisonment of one year or with fine which shall not be less than 50,000 but may extend to 5,00,000
  2. After the end of the financial year, the company shall prepare a balance sheet & profit and loss account which shall be audited by the statutory auditors.
  3. The auditor in its report shall express his opinion whether the accounts of the company reflects the true and fair view of its state of affairs

 

ANNUAL GENERAL MEETING

  1. The annual general meeting of the company shall be held within six months of closure of financial year, i.e. 30th September 2019 for the FY 2018-19
  2. However, the first AGM can be held within nine months from the close of the financial year. In other words, those companies which are incorporated within FY 2018-19 and up to 31st December can hold their first AGM until 31st December 2019.
  3. The companies incorporated on or after 1st January 2017 the AGM shall be held up to 31st December 2018, Hence no ROC Compliance during FY 2017-18

 

INCOME TAX PAYMENT & RETURN FILING

  1. After the finalization of the balance sheet and profit and loss account, we need to do the computation of income tax and pay Income tax after taking credit of TDS and advance tax already deposited.
  2. The Income-tax return for companies is filed in Form ITR-IV, the due date of filing the ITR is 30th September 2019 for the financial year 2018-19
  3. The ITR for the company can be filed only through online mode with the digital signature of one director.

 

RETURN FILING WITH THE ROC

  1. The Date of Annual General Meeting is significant to reckon the due date of filing returns to the registrar of companies (ROC)
  2. The first ROC return to be filed is about intimation of auditors appointment in AGM for a subsequent period in Form No ADT-1 within 15 Days of AGM
  3. Second return to ROC is filing of the balance sheet, and profit and loss account and directors report in Form No AOC-4 within 30 days of AGM
  4. Third return to be filed is Annual Return of the company in Form No MGT-7 within 60 Days of the AGM

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ROC Annual Return Filing Registration

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