All About Revision of ROC Annual Return

When we do the annual fillings with the ROC, it includes the filling of form AOC 4, AOC 4 (CFS) and Form MGT 7/MGT 7A as applicable. The AOC 4/AOC 4 (CFS) needs to be filed within 30 days from the Date of Annual General Meeting of the company and form MGT 7/ MGT 7A shall be filed within 60 days from the Date of Annual General Meeting of the company.

The processing of form AOC 4, AOC 4 (CFS) and Form MGT 7/MGT 7A by the Registrar of Companies is on Straight Through Process (STP) mode, which means as soon as we pay the Challans of such forms, the respective form gets auto-approved and the status of Annual filling of the Company gets auto-updated on its MCA Master data.

Sometimes, may be due to clerical or technical mistakes, it was an urge to change the filed/approved form AOC 4 and MGT 7 so here we are talking about how to make the revisions in already filed/approved forms AOC 4 and MGT 7 viz Annual Return.

Lets’ understand through FAQs on how we can change/revise the Return which already filed and approved by the Registrar of Companies.

Ques: Can the ROC Annual filling forms be revised?

Ans: Yes, only form MGT 7/MGT 7A (ROC return) can be revised by making the payment of new SRN and the latest form MGT 7/MGT 7A filed by the Company will be considered by the ROC.

However, the form AOC 4/AOC 4 CFS cannot be revised but it can only be deactivated/cancelled by the Respective ROC on an application by the Company and fresh filling of such form then be allowed by the ROC.

Ques: In what cases, the ROC return be revised (form AOC 4 and form MGT 7/7A)?

Ans: in case of change in all/any of the following:

• Change in Balance Sheet wrt Assets/Liabilities including Share Capital and Reserves and Surplus
• Change in Shareholding pattern due to any reason
• Change in Profit & Loss Statement (including expenses)
• Changes in Board Report
• Changes in case of selection of wrong radio button for consolidation of Accounts (we need to select a radio button whether CFS us required Yes/No, if we select NO, then Company cannot file the form AOC 4 (CFS) but may be due to clerical error, the company is required to submit the CFS form but not able to file because of this, therefore, we need to file the revised form AOC 4. 

Ques: How to file form AOC 4 again with ROC/MCA in case of any change ?

Ans: Every company needs to file e-form AOC 4 with the Registrar of Companies (ROC) through the Ministry of Company Affairs (MCA) website. After submitting the forms and making the payment of the fees on the MCA website, the company will get an acknowledgement of the filing of the form, i.e. challan copy or receipt and the form is auto-approved just after making the payment.

However, the form AOC 4/AOC 4 CFS cannot be revised but it can only be deactivated/cancelled by the Respective ROC on an application by the Company and fresh filling of such form then be allowed by the ROC.

Ques: Process to Cancel an Approved SRN of form AOC 4 ?

Ans: When a company files an e-form AOC 4 with wrong particulars with the ROC and SRN gets approved, the company can apply for cancelling the approved SRN. The entire process of cancelling the approved SRN is offline. The process to cancel approved SRN is as follows:

• Visit the respective ROC of the state where the company’s registered office is situated.
• Submit an application for cancellation of SRN with the required documents.
• The ROC will scrutinise the application and documents. It usually takes 30-40 days to process the application.
• Suppose the ROC finds grounds of defectiveness in the form for which SRN cancellation is sought. In that case, the ROC will approve the application for cancellation of SRN and communicate its approval to the company through email registered on MCA master data.
• After the cancellation of the approved SRN, the company will be able to file the e-form again on the MCA portal within the stipulated time given by the ROC in its order.
• However, the ROC has the discretionary power to approve or cancel the application. If the ROC approves the cancellation of the approved SRN, the company can file a fresh/revised form by paying the late fee as applicable.

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About Author :

CS Divya Goel, ACS is working as Head Manager- Company Secretary with Neeraj Bhagat & Co. Chartered Accountants, a Chartered Accountancy firm helping foreign companies in setting up business in India and complying with various tax laws applicable to foreign companies while establishing their business in India. The author can be reached at info@neerajbhagat.com.