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- 22 Oct 2022
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THE INSTITUTE OF
Company Secretaries of India
IN PURSUIT OF PROFESSIONAL EXCELLENCE
Statutory body under an Act of Parliament
(Under the jurisdiction of Ministry of Corporate Affairs)
October 21, 2022
MCA: 2022
Shri Tarun Bajaj, IAS
Secretary
Ministry of Corporate Affairs,
Department of Revenue
Government of India
Shastri Bhawan, New Delhi – 110 001
Ministry of Corporate Affairs
Subject: Request for extension of time period for filing of financial statements for the financial year ended 31.03.2022 without levying additional fee – Reg.
Sir,
This has reference to the ICSI representation dated October 11, 2022 (copy enclosed) made to your goodself pertaining to extension in the timelines provided under section 137 of the Companies Act, 2013 for filing of financial statements with the Registrar i.e. within thirty days from the date of annual general meeting.
Sir, as you are already aware that Central Board of Direct. Taxes (CBDT) on consideration of difficulties faced by the taxpayers and other stakeholders, has vide circular No. 19/2022 dated 30.09.2022, granted 7 days extension for filing of audit reports for the Assessment Year 2022-23 i.e. from 30th September, 2022 to 07th October, 2022 for filing of various reports of audit for the Assessment Year 2022-23. So, in majority cases, the audited figures are made available after 7th October, 2022.
A number of communications are being received from our stakeholders requesting extension of last date for filing of financial statement as well citing the fact that the dates of filing financial statements is coinciding with the varied festivals (Diwali, Bhai Dooj, Chhath Puja, etc.) celebrated across the length and breadth of the nation, during which corporates and professional workspaces are closed temporarily. During this period, there is lack of manpower and support staff which add to the woes. Amid festivities, with having few days for filing, the stakeholders are requesting for such extension of last date for filing of financial statement.
The extensions granted by you during the past years have not only promoted ease of compliance but have been a key role player in strengthening the governance framework.
Considering the above issues faced by corporates and professionals, you are requested to kindly consider granting extension of time for filing of financial statements for the financial year ended 31.03.2022 up to 31st December, 2022 without levying additional fee.
We shall be pleased to provide any further information or clarification in this regard on hearing from your goodself.
Thanking You,
(CS Asish Mohan)
Secretary
The ICSI
CC: Shri Manoj Pandey, Joint Secretary
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Ideally the financials to be audited by 1st September to give atleast 21 days clear notice to call the AGM (last date of which is 30th September). The hardship is the financials are audited post 30th September and than given to us as per the Tax Audit and Income Tax return last date (extended date), not as per the provisions of the Company Law.
When there are so many CA’s why dont they can complete the audit on timely manner. Like 5 months are not ample for audit. But filings need to be done in 2-3 days of receipt of financials and that too where there is no provision of revision. ITR atleast one has this provision.