Section 8 Company Compliance List :
Annual Compliances-
1. Appointment of an Auditor– Under section 139 of the Companies Act 2013, it is mandatory for companies to appoint an auditor within 30 days from the date of its incorporation. The book of accounts and annual returns of the company shall be audited by the statutory auditor who will be appointed for a period of 5 years.
2. Maintenance of Statutory Registers: The company is required to maintain a statutory register consisting of members, loans obtained, charges created, its directors, etc. as enumerated under section 8 of the companies act 2013.
3. Convening Board Meeting: Section 8 companies shall have at least one meeting within every six calendar months.
4. Statutory Audit: Every entity which is registered under the Companies Act has to get its books of accounts audited every year from a Chartered Accountant. (Refer Point 1)
5. Notice of GM: A Section 8 Company can hold a general meeting i.e., whether the annual or extra ordinary, with minimum 14 days’ notice.
6. Convening AGM: Annual general body meeting is to be conducted once a year within 6 months of the end of financial year. However, in the case of a first annual general meeting, the company can hold the AGM in less than nine months from the end of the first financial year. Do note that the time gap between two annual general meetings should not exceed 15 months.
7. Boards’ Report: The Board of Directors of the company shall file their boards’ report in an appropriate manner, consisting of all the financial statements and other annexure. The board report is required to be filed in Form AOC-4.
8. Preparation of Financials Statement of the Company: The Company will get the balance sheet, profit and loss A/C, cash flow statement and other financial statements audited by the statutory auditor which is to be filed with ROC.
9. Tax Returns: The ITR is required to be filed at the end of every assessment year, before 31th October.
10. Tax Audit: Tax audit report in Form 10B is to be furnished by a charitable or religious trust or institution that has been registered u/s 12A or who has submitted an application for registration by filing Form 10A. Form 10B is an audit report which is provided by a CA upon nomination by the taxpayer.
11. Filing Financial Statements: The financial statement shall be filed in the appropriate form ( E-FORM AOC-4), within 30 days from the date of annual general meeting (Discussed in point 7 above).
12. Filing Annual Returns: The annual return containing all the information like management details, shareholders’ details will be filed in Form MGT-7 with Registrar of Companies (ROC), within 60 days of the annual general meeting.
13. DIN KYC: Every individual who is allotted DIN as on 31st March of a financial year must submit his KYC on or before 30th September of the immediately next financial year.
14. GST Annual Return: GSTR-9 is the annual return to be filed by taxpayers registered under GST. It is due by 31st December of the year following the relevant financial year.
| Form No | Compliance | Due Date | Last Date |
| AOC-4 | Director Report | Within 30 days of AGM | 29th October |
| MGT-7 | Annual Returns | Within 60 days of AGM | 28th November |
| Form ITR-6 | Income Tax Returns | 31st October | 31st October |
| GSTR-9 | GST Annual Return | 31st December | 31st December |
| Form- 10B | Tax Audit | 31st September | 31st September |
Monthly or Quarterly Compliances-
1. Filing of GST Returns:
- GSTR-1 ( return to be furnished for reporting details of all outward supplies of goods and services made)
- Monthly, by 11th of every month- If the business either has an annual aggregate turnover of more than Rs. 5 crore or has not opted into the QRMP scheme.
- Quarterly, by 13th of the month following every quarter- If the business has opted into the QRMP scheme.
- GSTR- 3B (for furnishing summarised details of all outward supplies made, input tax credit claimed, tax liability ascertained and taxes paid).
- Monthly, 20th of every month-For taxpayers with an aggregate turnover in the previous financial year of more than Rs.5 crore or have been otherwise eligible but still opted out of the QRMP scheme.
- Quarterly, 24th of the month following the quarter – For the taxpayers with aggregate turnover equal to or below Rs 5 crore, eligible and remain opted into the QRMP scheme.
2. Filing and Payment of TDS :
| Quarter ending | Month of deduction | The due dates for payment of tax deducted | Due date for filing TDS Return |
| 30th June | April | 7th May | 31st July |
| May | 7th June | ||
| June | 7th July | ||
| 30th September | July | 7th August | 31st October |
| August | 7th September | ||
| September | 7th October | ||
| 31st December | October | 7th November | 31st January |
| November | 7th December | ||
| December | 7th January | ||
| 31st March | January | 7th February | 31st May |
| February | 7th March | ||
| March | 30th April |
Other Compliances-
Apart from the list of compliances mentioned above, a Section 8 company may have to perform other compliance tasks depending on the situation.
1. In case company takes donations or funding from donors, then those incomes are eligible for tax exemptions. To claim that exemption, the company has to comply with the conditions specified under Section 11 and register under Sections 80G and 12A.
2. Director’s consent form (Form DIR 2) to occupy the office within 30 days from the director’s appointment
3. Returns form (Form MR-1) within 60 days from the appointment of a managing director, manager, or other key managerial posting.
4. In case company have 20 or more employees then employees are mandated to be member of the Employees’ Provident Fund Organization (EPFO) i.e. company is required to take registration under EPF Act, 1952.
(Mandatory = Employees who drawing less than Rs. 15000/- per month.
Optional = Employees drawing more than Rs. 15000 per month with permission of Assistant PF Commissioner).
- Provident fund return must be filed by all entities having PF registration every month. PF return is due on the 25th of each month. Further, a final PF return is due on the 25th of April for the year ended on 31st March.
- In case company have 10 or more employees and monthly wage does not exceed Rs. 21,000 then company is required to take registration under Employee’s State Insurance (ESI) Act, 1948.
- The employer needs to pay ESI return on a monthly basis, and the due dates are also fixed as follows: The due date for ESI return filing is 15th of subsequent month.
Author Bio
Well presented and it clears my some doubts about compliances of sec.8 company.
Thanks.