Every Company is required to file Annual Return under section 92 of the Companies Act, 2013 within 60 days from the date of Annual General Meeting. AGM needs to be held within 6 months from the closure of Financial Year. Hence the last date by which the Annual Return needs to be filed is 60 days from September 30, i.e. October 31.
If you are not filling the Annual Return on or before November 29 than you need to file the same with additional filling fees which was maximum of 12 times of normal filling fees for maximum days of more than 180 days and upto 270 days.
However from May 7, 2018 onwards if your due date for filling Annual Return expires on 30/06/2018 the additional fee @Rs.100 per day shall become payable. This means if you have had your AGM on or before May 1, 2018 then you need to file your Annual Return on or before June 30, 2018, the delay in filling shall attract the penalty of Rs. 100 per day.
Form for filing annual return by a Company is MGT-7.
Apart from Annual Return (MGT-7) the Company is also required to file within 30 days from the date of AGM Annual Accounts. Form AOC-4, AOC-4 XBRL and AOC-4 CFS are the Forms under which Annual Accounts are to be filed. If the AGM is held on the last date September 30, than the Annual Accounts needs to be filed on or before October 30. As per recent change if you are not able to file your Annual Accounts within the due date then the additional fee @Rs.100 per day shall become payable.
What about the Annual filling which is pending other than the Current year.
In such case the additional fees chart will be applicable upto 30/06/2018 and thereafter from July 1, 2018 the additional fee @Rs.100 per day shall become payable.
Hence in case if you have any pending filling of previous years than it is advisable to get the same done on or before 30/06/2018. After which you will have to shell out additional fees @Rs.100 per day.
As per the information available on the MCA website it is evident that @Rs.100 per day will be applicable to delay to be counted from July 1, 2018 onwards. Hence till 30/06/2018 slab of additional fees will be applicable.
Happy clearing the backlog before 30/06/2018
Also Read- MCA notifies Additional fee of Rs.100 per day for delay in filing ROC Forms
CS Mukesh Tank
mntank@yahoo.com
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