Due Date for Annual Return of the Company

Due Date for Annual Return of Company

• All companies registered in India must file an annual return each year, irrespective of business turnover or activity. The annual return must be filed in Form MGT-7 and Form AOC-4 is also filed along with the annual return. In this article, we look at the due date for the annual returns for a company.

Filing Annual Return

• A company’s annual return has to be filed with the MCA within 60 days from the date of the Annual General Meeting. All companies are required to conduct an Annual General Meeting within 6 months of the closing of the financial year. Hence, the last date for conducting the Annual General Meeting would be 30th September and the due date for filing the annual return would be 29th November.
• If a company cannot hold an Annual General Meeting in any year, the annual return still has to be filed within 60 days from the date on which the AGM should have been held together with the statement specifying the reasons for not holding the AGM. Hence, a company cannot excuse itself from filing the annual returns on the plea of the Annual General Meeting not having been held.

Statutory Fee for Filing Annual Return

The statutory fee for filing is based on the authorized capital of the Company as follows:

For submitting, filing, registering, or recording any document Rs. by this Act required or authorised to be submitted, filed, registered, or recorded	Rs.
In case a company having a nominal share capital of up to  Rs. 1,00,000	Rs.200
If a company having a nominal share capital of Rs. 1,00,000 or more but less than Rs.5,00,000.	Rs.300
In case a company having a nominal share capital of Rs. 5,00,000 or more but less than Rs. 25,00,000	Rs.400
If respect of a company having a nominal share capital of Rs.25,00,000 or more but less than Rs. 1 crore or more.	Rs.500
In case a company having a nominal share capital of Rs. 1 crore or more.	Rs.600

Penalty for Late Filing Annual Return

• In case a company files its annual return after 60 days of the date of the Annual General Meeting or after 29th November, a penalty would be the applicable date of the event and date of filing. Further, the Ministry of Corporate Affairs has proposed to increase the penalty for late filing of annual return multi-fold as follows from the year 2018:

Number of Days Default	Current Penalty	Proposed Penalty
Up to 15 days	Rs.400	Upto Rs.3,000
More than 15 days and up to 30 days	Rs.800	Upto Rs.6,000
More than 30 days and up to 60 days	Rs.1600	Upto Rs.12,000
More than 60 days and up to 90 days	Rs.2400	Upto Rs.18,000
More than 90 days and up to 180 days	Rs.4000	Upto Rs.36,000
More than 180 days and up to 270 days	Rs.4800	Upto Rs.54,000
More than 270 days	Rs.100 per day penalty	Rs.200 per day penalty

Note: The above chart has been worked for a company with a capital of share capital of Rs.1,00,000. The new penalty proposed by the MCA from the year 2018 for late filing of annual return is Rs.100 per day per filing. Since a company will have to file MGT-7 and AOC-4, the penalty for a day of default would be Rs.200.

The MCA announcement about the upcoming changes to the penalty structure has been published on the website as under:

• Last date of DIN KYC Has been extended
• Filing of Director KYC DIR-3
• significant-changes-introduced-in-foreign-director-investment-policy

“It is proposed to amend shortly, the Companies (Registration Offices and Fees) Rules 2014 to levy additional fee @Rs.100 per day for filings under Section 92 (Annual Return) or 137 (Annual Financial Statement) of the Companies Act, 2013. Once notified, the additional fee @Rs.100 per day (beyond the normal date of filing) shall become payable in respect of KYC, 23AC,23ACA,23AC XBRL,23ACA XBRL,20B,21A, MGT-7, AoC-4,AoC-4 XBRL and AoC-4 CFS. Stakeholders are advised to take note and plan accordingly.”

Know more about the increase in the penalty for late filing annual returns.

• Are you a Director- then need to file E-KYC DIR-3 Form

Filing Annual Return

Penalty Provisions:

• INR 100 Per day additional fees is applicable for forms like LLP form 8,  AOC 4, MGT 7 etc
• For other required forms and documents, Companies may get penalized if the time limit of days exceeds as follows.

To avoid penalties get started with  ROC Annual Filings  with rajput Jain and Associates.

Filling Fees for MCA Form -AOC 4

The Filling fee for e filling Form AOC -4  based on  annual turnover/the share capital of a company are as follows:

• Less than 1 lakhs – Rs 200 per document
• 1 lakhs to 4.99 lakhs – Rs 300 per document
• 5 lakhs to 24.99 lakhs – Rs 400 per document
• 25 lakhs to 99.99 lakhs -Rs 500 per document
• 1,00 lakhs or more -Rs 600 per document

Late Filing Penalty on Form AOC 4

The below filling fees is apply if the delay in filing a financial statement or the annual ROC Returns:

duration of Delay period	applicable Additional fee payable
(Deadline dates to file AOC 4 is within 30 days from date of an AGM ) (Deadline dates to file AOC 4 is within 30 days from date of an AGM)	Rs 100 per day, max of Rs 10,00,000/-

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