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Question ID : 36922

Filing of annual Returns

One of my clients have incorporated a company on 13.12.2017, but have not filed annual returns for the financial year 2017-18, can we file the annual returns from 13.12.2017 to 31.03.2019 at a time? If not what is the recourse available for us. Thanks in advance

Posted by UDAY KIRAN on Jan 04, 2019

Filed Under Companies Act, 2013

Answer ID : 76145

One annual return cannot be filed for 13.12.2017 to 31.03.2019 because financial year cannot be more than 15 months per section 2(41).

Posted by B.CHACKRAPANI WARRIER on Jan 04, 2019
Answer ID : 76149

No we can't. You have to file annual return for the period ended 31.03.2018. Since MCA has extended the due date for filing to 31/12/2018, you can file with less amount of additional fees.

Posted by SANTHANU R on Jan 07, 2019
Answer ID : 76157

Annual return filing exemption for newly incorporated company is available only for companies incorporated between 1st January to 31st March. Other new companies have to file annual return before due date in first year also. If not filed, it can be filed after due date with additional fees.

Posted by CA. chunauti dholakia on Jan 10, 2019
Answer ID : 76191

I agree with views expressed by CA Chakrapani Warrier regarding 15 months concept as per Section 2(41) of the Act. Regarding solution to the problem you have expressed, I wish to state as under: 1. As per Section 96 of Act, first AGM of the company should be held within 9 months from closure of financial year i.e, 31.12.2018. 2. As per Section 92 of Act, Annual Return has to be filed within 60 days from the date of AGM i.e, you have good time without additional fees. (Form MGT 7) 3. As per Section 137 Copy of Financial statements i.e., Form AOC-4 has to be filed within 30 days from the date of AGM. Hence if AGM is on 31st December, both the Forms can be filed within due date without additional fees.

Posted by Rupakula Rajasekhar on Jan 11, 2019
Answer ID : 76205

I totally agree with CA Rupakula Rajasekhar's answer. This is exactly is the right answer.

Posted by CA. SATISH CHAND GARG on Jan 13, 2019